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 four years.

1. Summary of grounds for appeal;

A. The punishment (the first instance judgment: imprisonment with prison labor for three years and six months, confiscation, and confiscation for the second instance judgment: imprisonment with prison labor for one year and confiscation) that the lower court sentenced by each Defendant A is too unreasonable.

B. Defendant B (1) In fact-finding, the Defendant did not take part in Co-Defendant A’s fraud.

(2) The punishment of the lower court’s judgment on the grounds of unfair sentencing (one and half years of imprisonment and confiscation) is too unreasonable.

B. On August 9, 2019, Defendant B conspired with Defendant A and Bosing employees in the vicinity of the entrance and exit of Seocho-gu Seoul, Seoul, at around 4:00 on August 9, 2019, used a copy of the civil petition document under the name of the Chairperson of the Financial Services Commission, which was forged for the victim K, in collusion with Defendant A and Bosing employees.

(2) Each of the above types of punishment in the judgment of the court of first instance on unreasonable sentencing is too unjustifiable.

2. Determination:

A. We examine ex officio the judgment on the grounds of appeal by the defendant and prosecutor above as to the defendant A.

After the judgment of the court of first instance is sentenced to the above defendant, the above defendant and the prosecutor appealed against the judgment of the court of first instance, and the above defendant appealed against the judgment of the court of second instance, and this court decided to concurrently examine the above two appeals cases.

However, since each crime recognized by the court of original judgment against the above defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the part of the judgment of the court of first instance against the above defendant and the judgment of the court of second instance cannot be maintained

B. As to Defendant B, the lower court stated in detail the judgment on this part of the facts charged in the judgment, and held that the said Defendant presented a forged official document to the said victim in the course of deceiving the victim K by deceiving the victim K in advance only with the evidence submitted by the prosecutor.