Of the judgment of the court of first instance, the part against Defendant A and the judgment of the court of second instance shall be reversed.

Defendant

A shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. Although Defendant B took part in Defendant B’s fraud, the lower court found Defendant B not guilty of this part of the facts charged, which affected the conclusion of the judgment, by misunderstanding the facts. 2) The first instance court’s sentence (6 months of imprisonment and 2 years of suspended execution) against Defendant B on the grounds that it is too uneasible and unreasonable.

B. Defendant A1) misunderstanding of facts (the fraud in the judgment of the court below of the second instance) (the fraud in the judgment of the court below) was not operated properly, and the Q, which was put in the above crushing machine, intended to return to the above victim, was disposed of in order to eventually not returned. Thus, the court below's judgment that found the Defendant guilty of this part of the charges even though the Defendant did not have a criminal intent to acquire by deception, was erroneous and adversely affected the conclusion of the judgment by misconception of the facts. 2) The punishment of each court below on unfair sentencing (the imprisonment of the court of first instance 2 years and 6 months, and the imprisonment of the court of second instance 1 year)

2. Determination

A. Upon ex officio determination, the court of first instance rendered a separate deliberation with respect to Defendant A, and the court of second instance sentenced each of the two years and six months of imprisonment with prison labor, and the court of second instance sentenced each of the two years of imprisonment with prison labor. Defendant A filed an appeal with respect to each of the judgment below. The court of first instance decided to consolidate the two appeals cases.

Defendant

The crime of each judgment of the court below against A is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be determined within the scope of a limited term of punishment imposed pursuant to Article 38(1) of the Criminal Act. Thus, each judgment of the court below against Defendant A shall be reversed in its entirety

However, notwithstanding the above reasons for ex officio reversal, Defendant A's assertion of mistake is still subject to the judgment of this court, and this will be examined below.

B. The Prosecutor’s assertion of mistake of facts is alleged.