Part excluding a compensation order for the first instance judgment and the second instance judgment shall be reversed respectively.

Defendant shall be punished by imprisonment for four years.

1. Summary of grounds for appeal;

A. Defendant (Defendant 1 and 2): The punishment sentenced by the lower court (the first instance judgment: imprisonment with prison labor for two years, and the second instance judgment: imprisonment with prison labor for two years and six months) is too heavy.

B. Prosecutor (the first instance judgment): The sentence of the lower court is too minor.

2. As to the first instance judgment and second instance judgment, the prosecutor filed each appeal against the first instance judgment, and this court decided to jointly examine the above appeal cases.

Each crime of the first and second adjudication decisions against the accused shall be sentenced to one punishment for concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. If so, the judgment of the court below is reversed on the ground that there is a ground for reversal ex officio as seen above, and the part of the judgment below excluding the order for compensation order for the first instance judgment among the judgment below pursuant to Article 364(2) of the Criminal Procedure Act is reversed without examining the unfair argument of sentencing by the defendant and the prosecutor, and the following decision is

[Re-written judgment] The summary of the facts constituting a crime and evidence recognized by this court is as stated in the corresponding column of each judgment of the court below, except for the following changes: “The defendant was sentenced to six months of imprisonment for fraud in the Busan District Court’s branch branch branch court on November 23, 2011, and was released on May 16, 2013 and for which the parole period has elapsed on July 23, 2013 during the execution of the sentence,” thereby citing the column of the second judgment [criminal records] as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (including each fraud and each victim), Article 347-2 of the Criminal Act, Article 260(1) of the Criminal Act, and the choice of imprisonment for each type of crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to each other crime except fraud against victim C)

1. Grounds for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes