The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance are reversed.

The defendant shall be punished by imprisonment for four years.

Summary of Reasons for appeal

A. Each sentence sentenced to the defendant 1 and 2 (the first sentence: imprisonment with prison labor for 5 years and the second sentence: imprisonment with prison labor for 4 months) is too unreasonable.

(b)the sentence sentenced to the Defendant by the second instance judgment of the Prosecutor is too unhued and unreasonable;

The judgment of the court below in the first and second instances against the defendant in the judgment of the court below, and the prosecutor appealed against the judgment of the court below in the second and second instances, and the court decided to concurrently examine the above two appeals cases. The crimes in the first and second instances against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed in accordance with Article 38 of the Criminal Act. Thus, the part against the defendant in the judgment of the court of first and second instances and the judgment of the court of second instances cannot be exempted from the whole reversal.

In conclusion, the part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance shall be reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining each of the unfair arguments of sentencing by the defendant and the prosecutor, and the judgment of the court of second instance shall be ruled

【Grounds for another judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the part of the judgment of the court of first instance concerning the defendant and the corresponding part of the judgment of the second instance, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Code for the crime at issue of each of the pertinent provisions of the Criminal Code (the fraud against the victim AE, BC, and B), Articles 347(1), 30 of the Criminal Code (the fraud against the other victims), Articles 6(1) and 3 of the Act on the Regulation of Similar Receiving Acts, Article 30 of the Criminal Code (including similar receiving acts, including acts of receiving wages), Articles 109(1) and 36 of the Labor Standards Act (the fact that wages are not paid at the time of retirement), Articles 44 subparag. 1 and 9 of the Workers' Retirement Security Act (the fact that payment of retirement wages is unpaid), Articles 81 subparag. 2 and 12(1) of the Automobile Management Act (the fact that an application for ownership transfer registration is not filed).