1. The part against Defendant A of the first judgment and the second judgment shall be reversed.

Defendant

A shall be punished by imprisonment for a period of four years and six months.

Summary of Grounds for Appeal

Defendant F, who operates AH, AC, and C (hereinafter only referred to as “A”) a company sending workers to the victim E (hereinafter only referred to as “victim”) in collusion with Defendant A in charge of dispatching workers to the victim E (hereinafter referred to as “victim”) in collusion with Defendant F, who had already been paid wages from the victim company, posted a CD indicating another person’s name on the employee’s commuting card, and copied it and submitted it to the victim company, and made a false claim for wages. The lower court received KRW 720,848,720 in total 32 times from April 201 to August 2011, and received KRW 720,848,720 in the same way from August 201, 201, but the lower court acquitted Defendant F.

If Defendant A independently obtained 720,848,720 won from a criminal act of fraud of this case, the first instance court sentenced Defendant A to four years of imprisonment with prison labor is too unreasonable and unfair.

Defendant

A misunderstanding of facts (part 1 of the first judgment) The Defendant committed the instant fraud by deceiving money by claiming false wages to the victim company according to the direction of the above defendant F.

Each sentence of unfair sentencing (two years of imprisonment, and eight months of imprisonment) by the lower court is too unreasonable.

Judgment

We examine ex officio the prosecutor's decision, the mistake of facts by Defendant A, and the argument of unfair sentencing.

This Court decided to consolidate each appeal case against the first judgment and the second judgment. On the other hand, each of the offenses against Defendant A in relation to concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act, and in this respect, each of the judgment below shall be sentenced to a single sentence.