All judgment of the court below shall be reversed.

Defendant 1 and 3 are punished by a fine of KRW 5 million, and No. 2.

1. Summary of grounds for appeal unreasonable sentencing

2. Ex officio determination

A. On May 7, 2015, the Defendant was sentenced to seven months of imprisonment for fraud, etc. at the Changwon District Court (2014No2971) on May 7, 2015, and the judgment became final and conclusive on May 15, 2015.

Therefore, inasmuch as the crime of the lower court’s second instance judgment (the date of crime: February 2013) and the crime of fraud, etc. for which judgment became final and conclusive, as seen above, are concurrently concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment should be determined by taking into account the equity in cases where a judgment is to be rendered at the same time pursuant

Nevertheless, the second instance judgment, which omitted such measures in the process of the application of statutes, is erroneous and adversely affected the conclusion of the judgment in violation of the law, cannot be maintained as is.

B. As to the judgment of the court below Nos. 1 and 3, the Defendant filed an appeal against each of the judgment below, and this court decided to hold the above cases together for a new trial.

However, the judgment of the court below 1 and 3 against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act. Thus, the judgment of the court below 1 and 3 cannot be maintained

3. As above, the judgment below is reversed in its entirety under Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing regarding the above decisions, and it is again decided as follows through oral argument.

【Discied judgment of the court below, the summary of the facts constituting a crime and evidence recognized by this court, and the summary of the facts constituting a crime of the second instance judgment, except for adding “the defendant was sentenced to seven months of imprisonment for fraud, etc. at the Changwon District Court (2014No2971) on May 7, 2015 and the judgment became final and conclusive on May 15, 2015” to “the facts constituting a crime and the summary of evidence” as stated in each corresponding column of each judgment of the court below, thereby citing them as it is in accordance with Article 3

Application of Statutes

1.