2. Judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment for four months.

Defendant

A’s judgment of the first instance court is against the judgment of the court below.

1. Summary of grounds for appeal;

A. Each punishment sentenced by the judgment of the court below by the defendant A (No. 1: the crimes under subparagraph 1-a (a) and subparagraph 2-2 of the judgment of the court below

(a) 4 months of imprisonment and No. 2 of the holding for the crimes of paragraph (1);

A. 2) The imprisonment of 2 months with prison labor for the crimes in paragraph 2, 2 months, 8 months) is too unreasonable.

B. The punishment of KRW 100,000,000, which was sentenced by Defendant R 1’s original judgment, is too unreasonable.

2. Defendant A filed an appeal against the entire judgment of the lower court and decided to jointly examine each of the above appeals cases. However, the crime of the first instance judgment on August 26, 201 is in the relationship between the violation of the Military Service Act, which became final and conclusive on August 26, 201, and the crime of the first instance judgment on August 26, 201, all of the Defendant A committed after the judgment became final and conclusive on August 26, 201, and thus, Defendant A’s first instance judgment and the second instance judgment on KRW 2 ought to be imposed separately on the grounds that each of the crimes is not in the relationship of concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the lower court is not reversed on the grounds of consolidation.

On the other hand, Defendant A was sentenced to two years of imprisonment due to a separate fraud (Seoul District Court Decision 2015No. 2420) and the above judgment became final and conclusive on November 24, 2015, and Article 2 of the first instance judgment.

A. (2) The crime in paragraph (2) is committed on or around June 10, 2014, which was before the judgment became final and conclusive. However, the crime for which the judgment became final and conclusive on November 24, 2015 was committed on or before May 9, 2014, for which the judgment was final and conclusive on the first head of the crime in the original judgment, and Article 2-2 of the judgment of the first instance court and the crime for which the judgment was final and conclusive on November 24, 2015.

A. (2) Between the crimes referred to in paragraph (1), the relationship of concurrent crimes pursuant to the latter part of Article 37 of the Criminal Act cannot be established (see, e.g., Supreme Court Decisions 2014Do469, Mar. 27, 201; 2009Do948, Oct. 27, 201; 2012Do9295, Sept. 27, 2012). Defendant A (1) recognized all the facts charged of this case against Defendant A (see, e.g., Supreme Court Decision 2012Do9295, Sept. 27, 2012).