The part on the defendant of the first judgment and the second judgment shall be reversed respectively.

The defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

(a) The defendant (as to the judgment of the court of first instance and second instance): Imprisonment with prison labor for a year, confiscation, and second instance: two years);

B. The Prosecutor (the first judgment of the court below)’s sentencing and warning

2. Ex officio determination

A. Grounds for the Reversal of the first instance judgment (with regard to the first and second lower judgment): Each of the first and second lower judgment against the consolidated defendant is pronounced, and each of the Defendant filed an appeal against each of the lower judgment, and this court rendered a decision to concurrently examine the above two appeals cases. Each of the first and second lower judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one of the offenses in the first and second lower judgment cannot be maintained as it is, under Article 38(1) of the Criminal Act, since it constitutes a concurrent crime under Article 37 of the Criminal Act.

B. Grounds for the Reversal (No. 1 of the judgment of the court of first instance): The first instance court held that with respect to the case of 2018 Godan3215 as indicated in the judgment of the court below, the defendant confiscated from the defendant the right of KRW 121 (No. 3 of the evidence), KRW 11 (No. 4 of the evidence), KRW 10,000 (No. 5 of the 1,000 won), and Chapter 9 (No. 5 of the evidence No. 5) of the defendant's possession, which was seized on July 17, 2018. However, the above money was cash withdrawn from the physical card taken over on July 17, 2018, which was an emergency arrest date (No. 1 of the evidence record of the case of 2018No3558), which constitutes the money that the defendant acquired from the victims of the fraud.

In addition, each defrauded money is a stolen that should be returned to the victim of the fraud, and it is not subject to confiscation from the accused. If the said money is not acquired through fraud, it is not subject to confiscation, since it is not acquired by the criminal act.

Therefore, the first instance judgment ordering confiscation without ordering the return of all of the victims as to the seized evidence 3 to 5 is illegal.

Even if the judgment of the court below contains an error only in the incidental form, the court of appeal.