The part concerning Defendant B in the first and second original judgments shall be reversed, respectively.

Defendant

B 4 years of imprisonment.

[Defendant B]

1. Defendant B appealed on the grounds that the punishment (one year of imprisonment with prison labor for the first instance court and four years of imprisonment for the second instance court) declared by each lower court is too unreasonable.

2. Before determining the grounds for appeal by Defendant B, this Court tried ex officio prior to the determination on the grounds for appeal by Defendant B, and this Court tried by combining each appeal case against the judgment below. Each of the offenses in the judgment of the court below against Defendant B is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below on the ground of the above ex officio reversal is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant B's allegation of unfair sentencing, and the part on the defendant B among the judgment of the court of first and the judgment of the court of second instances are reversed, and it is again decided as follows

[Dao-written judgment] (Defendant B) Criminal facts and the summary of evidence recognized by this court and the summary of the evidence are as follows. The summary of the evidence of the first instance judgment, except for adding “1. Defendant’s legal statement” to the summary of evidence of the first instance judgment, is the same as the corresponding column of the first instance judgment and the second instance judgment, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 35(1) of the Criminal Act, Articles 347(1), 30 (Application of Article 30 of the Criminal Act only to the point of fraud, and the part after June 29, 2012), 151(1), and 31(1) of the Criminal Act regarding criminal facts, the choice of imprisonment for each sentence

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Decision of the second instance under Articles 25(1), 31(1), and 31(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;