Of the judgment of the court of first instance, the part concerning the defendant except the compensation order and the judgment of the court of second instance.

1. Summary of the grounds for appeal each sentencing (the sentence of the lower court: Imprisonment with prison labor for a maximum of one year and two months, for a short of ten months (the first instance judgment), for a maximum of four months, and for a short of two months (the second instance judgment));

2. Judgment ex officio (ex officio reversal following a joint hearing) is deemed to have been ex officio prior to the judgment on grounds for appeal.

The Defendant filed an appeal against the lower judgment, and this Court decided to jointly deliberate on the two appeals cases.

The judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. As seen above, the judgment of the court below is reversed in its entirety by its authority pursuant to Article 364(2) of the Criminal Procedure Act without examining the reasoning for an unfair appeal against each of the judgment of the court below, on the grounds that there are grounds for reversal ex officio as seen in the above. The judgment below is reversed and it is so decided as follows,

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in the corresponding column of each judgment of the court below. Thus, they are cited in accordance with Article 369 of

Application of Statutes

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes against victims E Q, the largest criminal situation of which is prescribed in the crime of fraud);

1. The sentencing conditions under Articles 2 and 60(1) of the Irregular Juvenile Act and the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime shall be determined by comprehensively taking account of the following circumstances and the circumstances after the commission of the crime.

The favorable circumstances: The defendant has yet to be a juvenile, and A, who is an accomplice, has paid the victims the remainder of the damage except 5.93 million won out of the damage amount of the 2018No 2351 case.