Of the judgment of the court below, the part concerning Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

seizure.

1. Summary of grounds for appeal;

A. Defendant A1) With respect to various recommendations, cash receipts and transfers conducted by Defendant A in the same manner by mistake of facts, the prosecutor brought a separate charge of fraud. The first judgment recognized only fraud, and the second judgment determined that the act constituted a joint principal offense of fraud. (A) As to the first judgment of the first instance, the second judgment did not constitute a joint principal offense of fraud without the involvement of Defendant A, Defendant A’s act of Defendant A, which was thereafter thereafter, does not constitute a crime of fraud.

In addition, Defendant A did not have any intention to commit fraud.

B) As to the judgment of the second instance, Defendant A did not have conspiredd with the instant criminal act with the name singinging staff and the instant criminal act. In addition, as the Defendant did not have dolusent awareness of the circumstances that his act constitutes singinging, it does not even lead to fraud. 2) The lower court’s sentence of unfair sentencing (the first instance judgment: imprisonment with prison labor for one year and confiscation, and the second instance judgment: 10 months) is too unreasonable.

B. Prosecutor 1) In light of the background leading up to Defendant A’s participation in the instant Bosing criminal act, method of crime, and criminal proceeds, etc., Defendant A’s intent to jointly process the instant Bosing criminal act and functional control is recognized. Nevertheless, the first instance court which recognized Defendant A only the crime of aiding and abetting fraud, erred by misapprehending the facts and adversely affecting the conclusion of the judgment. 2) The lower court’s sentence against the Defendants (Defendant AG imprisonment: 8 months, and 2 years of probation), against the Defendants, is unreasonable.

2. Determination

A. The court of the trial ex officio rendered a joint hearing of the appeal case of the first and second original judgment against the defendant A. The defendant's crimes of the first and second original judgment are concurrent crimes under the former part of Article 37 of the Criminal Act.