Of the judgment of the court of first instance, the part against the Defendants and the judgment of the court of second instance shall be reversed.

Defendant

A shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one and half years of imprisonment, two years of imprisonment, and two years of imprisonment) and the second instance judgment (Defendant B: imprisonment with prison labor) is too unreasonable.

B. The sentence imposed by the first instance court on Defendant B is too unhued and unreasonable.

2. Ex officio determination

A. According to the records against Defendant A, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Daegu District Court (2017No. 833, 2017 No. 2017 No. 2596, Oct. 27, 2017) on August 31, 2017 and the judgment became final and conclusive on October 27, 2017.

Therefore, since each crime of the judgment of the court below against the defendant and the above crime of fraud, etc. for which judgment of the court below became final and conclusive, are concurrent crimes of the latter part of Article 37 of the Criminal Act, a punishment for each crime of the judgment of the court below shall be sentenced in consideration of equity in the case where the judgment is to be rendered simultaneously in accordance with the main sentence of Article

B. As the prosecutor and the defendant filed an appeal against the judgment of the court below against the defendant B, each appeal case was consolidated and tried in the trial at the same time. Since each crime of the judgment of the court below revealed by the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, it is necessary to simultaneously render a judgment and sentence a single punishment.

In this respect, the judgment of the court below is no longer maintained.

3. As such, the part of the judgment of the court of first instance against the Defendants and the judgment of the court below on the ground that there is a ground for reversal ex officio as above. Thus, without having to make a judgment as to the Defendants’ unfair argument of sentencing, all of the aforementioned parts are reversed and the judgment below is delivered in accordance with Articles 364(2) and 364(6) of the Criminal Procedure Act

Criminal facts

The summary of the facts charged and the evidence admitted by this Court is as follows: "Defendant A shall be punished by imprisonment with prison labor on August 31, 2017 at the Daegu District Court for fraud, etc." on the first head of the criminal history among the reasons for the original decision in the judgment in the first instance.