The part of the judgment of the court of first instance and the judgment of the court of second instance against the defendant is reversed.

Defendant shall be punished by imprisonment for a year.

The summary of the grounds for appeal (unfair punishment) Nos. 1 and 2 of the original judgment (the first instance court's imprisonment with prison labor for 8 months and additional collection for 10 million won, and the second instance court's imprisonment with prison labor for 8 months and additional collection for 50 million won) are too unreasonable.

We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

In the case of the judgment of the court of first instance and the judgment of the court of second instance on the defendant, each of the judgment of the court of Gwangju District Court 2019 Godan861, 1521 (merger), the sentencing date was set as of September 11, 2019 after the trial was held as co-defendant by the defendant as well as the defendant of this case and the defendant of this case.

However, on September 23, 2019, the date of sentence was changed as of September 23, 2019, and the judgment was rendered only for the remaining co-defendants except the Defendant and H, and on September 23, 2019, the judgment of the court below was tried separately with respect to the Defendant and H.

As a result, the defendant filed an appeal against it, and the court decided to jointly examine the above two appeals cases.

However, each crime of the first and second judgment against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act.

Therefore, among the judgment of the court of first instance and the judgment of the court of second instance, the part against the defendant cannot be maintained as it is.

Therefore, the part of the judgment of the court of first instance and the judgment of the court of second instance on the defendant is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part against the defendant among the judgment of the court of first instance and the judgment of the court of second instance are reversed, and the following is

【Reason of the judgment of the court of first instance and the judgment of the court of second instance concerning the part against the defendant】 Criminal facts and summary of evidence recognized by the court of this court, and summary of evidence, 1.