The judgment below

The conviction part against Defendant A and the part against Defendant B shall be reversed in entirety.

Defendant

A.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court against Defendant B (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s decision is improper because it is too unhued so far as the sentence sentenced by the lower court to Defendant A (for four months of imprisonment, one year of suspended execution) was sentenced.

2. The judgment on the grounds for appeal by Defendant B and the prosecutor is ex officio before the judgment on the grounds for appeal, and on October 20, 2016, the Seoul High Court sentenced Defendant B to three years and six months of imprisonment, and Defendant A was sentenced to three years and six months of suspension of execution on January 25, 2017, respectively, and the above judgment became final and conclusive on January 25, 2017, it is evident in the record that each crime of the judgment of the court below and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the Defendants are concurrent crimes after Article 37 of the Criminal Act, and the punishment for each crime of the judgment of the court below should be imposed in consideration of equity in the case of judgment at the same time. In this regard, the part of conviction against Defendant A and the part against Defendant B among the judgment of the court below cannot be maintained.

3. In conclusion, the guilty part of the judgment of the court below against Defendant A and the part on Defendant B as above are reversed ex officio. Thus, the part on conviction against Defendant A and the part on Defendant B among the judgment of the court below pursuant to Article 364(2) of the Criminal Procedure Act are reversed without examining each of the unfair sentencing arguments by Defendant B and the prosecutor, and the part on the guilty part against Defendant B among the judgment of the court below is reversed,

[Re-written judgment] The summary of the criminal facts and evidence against the Defendants recognized by this court is as follows. All of the criminal facts are as follows: Defendant B is punished by imprisonment with prison labor for three years and six months; Defendant A is punished by imprisonment with prison labor for a period of two years and six months; and Defendant A is subject to suspended execution for two years and six months.