All of the first and second original judgments shall be reversed.

Defendants shall be punished by imprisonment for one year and six months.

Defendant .

1. Summary of grounds for appeal;

A. Defendant A’s punishment (the first instance court: imprisonment for 1 year and 6 months; 360,000 won additional collection charges; and 60,000 won: imprisonment for 6 months) is too unreasonable.

B. Defendant B (1) The money received from A in relation to Article 2-2-2 (b) of the Criminal facts in the judgment of the first instance court of mistake of facts, is not KRW 1.50,00 won, but KRW 1.20,000 won, not KRW 1.00 won, and KRW 3.0,000,000, not KRW 4.00,000. However, the judgment of the court below which found Defendant B guilty of the above part of the facts charged was erroneous by misunderstanding the facts and thereby affecting the conclusion of the judgment.

2. Prior to the judgment on the grounds for appeal by Defendant A’s ex officio determination, Defendant A filed an appeal against the judgment below, and this court decided to jointly deliberate on all the above appeal cases.

Since each of the crimes against the defendants by the court below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence shall be imposed within the scope of the term of punishment imposed by concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the part against the defendant A and the second judgment of the court of first instance cannot be maintained any more.

3. Determination on Defendant B’s grounds of appeal

A. The following circumstances acknowledged based on the evidence duly adopted and examined by the first instance court and the first instance court as to the assertion of mistake of facts, i.e., the Defendant’s crime of the second instance judgment in the police investigation.

(b)bed;

A statement to the effect that a philophone was sold in return for payment from A at the time, place, etc. (Evidence Records 162, 197, 198 pages), ② A also stated in the police investigation to the same effect (Evidence Records 148, 178 pages), ③ A received two copies of philophones contained in the single philophones from the Defendant on May 12, 2016 in the prosecution investigation.