All judgment of the court below shall be reversed.

The defendant shall be held in the first instance judgment with respect to the victim C and the second instance judgment.

1. Reasons for appeal (unfair sentencing);

A. The lower court’s respective punishment (the first instance judgment: the highest order of 2017, the highest order of 5513, which was sentenced to imprisonment with prison labor for the crime of fraud against the victim C; two months for the remaining crimes; one year for each crime; and the second instance judgment: fine of two million won) is too heavy.

B. Prosecutor (the first instance court’s judgment)’s sentence is too minor.

2. Ex officio determination

A. The consolidated defendant filed an appeal in entirety against the judgment below, and the court decided to consolidate the above appeal cases.

Therefore, as seen in the application of the following Acts and subordinate statutes, insofar as the Defendant selects both imprisonment and imprisonment for each crime of fraud against C among the judgment of the court of first instance and resolution of KRW 2 on the judgment of the court of first instance, even if both the Defendant was sentenced to imprisonment at the court of first instance and a fine at the court of second instance, and the appeal cases at the court of second instance are selected for both crimes, it shall not be deemed as a violation of the principle of prohibition of disadvantageous alteration unless a sentence exceeding imprisonment sentenced at the court of first instance is sentenced (see, e.g., Supreme Court Decision 2016Do2136, May 12, 2016). Each of the above crimes constitutes concurrent crimes under the former part of Article 37 of the Criminal Act and shall be sentenced to one punishment (Provided, That each of the remaining crimes except for fraud against C among the judgment of the court of first instance cannot be deemed concurrent crimes under Article 37 of the Criminal Act, and therefore, Article 27 of the former part of the judgment below cannot be deemed concurrent crimes under Article 17 of the Criminal Act.

B. According to the records of the latter part of Article 37 of the Criminal Act, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Daegu District Court on January 25, 2017 (hereinafter “crime”) and the said judgment became final and conclusive on February 2, 2017, and on April 11, 2018, the Defendant was sentenced to two months of imprisonment for a crime of fraud at the Busan District Court (hereinafter “crime”).