The part of the judgment of the first instance and the judgment of the second instance against the defendant shall be reversed.

Defendant shall be punished by imprisonment with prison labor for a period of three years and two months.

1. The summary of the grounds for appeal (e.g., misappropriation: imprisonment with prison labor for 2 years and 6 months, and 2 years: imprisonment with prison labor for 1 year) of the original judgment is too unreasonable.

2. Ex officio determination

A. The judgment of the court of first instance and the judgment of the court of second instance rendered each judgment against the defendant, and the defendant filed each appeal, and this court decided to consolidate the two appeals cases.

Each crime of the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be sentenced in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any longer

B. In addition, the Defendant was sentenced to ten months of imprisonment for a crime of fraud at the Sungnam Branch of the Suwon District Court on Nov. 29, 2018, and the judgment became final and conclusive on Apr. 19, 2019. Each of the above crimes for which the judgment became final and the judgment of the court of first instance are concurrent crimes under the latter part of Article 37 of the Criminal Act with regard to the relationship of concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and the punishment is determined in consideration of equity and the case of concurrent crimes under Article 39(1

3. If so, the judgment of the court below is based on the above reasons for reversal of authority. Thus, without examining the defendant's assertion of unfair sentencing, the part against the defendant among the judgment of the court of first and the judgment of the court of2 pursuant to Article 364 (2) of the Criminal Procedure Act shall be reversed, and it

[The reasoning of the judgment of Suwon District Court (the part against the defendant in the judgment of the court of first instance and the judgment of the court of second instance)] The summary of criminal facts and evidence recognized by the court of this court is that "the criminal facts of the judgment of the court of first instance [the criminal records] are punished by imprisonment with prison labor for not less than ten months for fraud in the Sungwon District Court's Sungnam branch on November 29, 2018 and are pending in the appellate court of Suwon District Court" among the criminal facts of the judgment of the court of first instance [the criminal records]. "The defendant is still serving in the appellate court of Suwon District Court after having been sentenced to ten months for punishment for fraud in the Sungnam branch of Suwon District Court on November 29, 2018."