Of the judgment of the court of first instance, the part against the Defendants, the judgment of the court of second instance, and the judgment of the court of third instance as to Defendant D.

1. The summary of the grounds for appeal against the defendants (the defendant A: 2 years of imprisonment with prison labor of the court of first instance, 4 months of imprisonment with prison labor of the court of second instance, and 3 months of imprisonment with prison labor of the court of first instance, 8 months of the court of first instance and 8 months of the court of third instance) are excessively unreasonable.

2. Prior to the determination of the grounds for appeal by the Defendants ex officio, the court below decided to hold a concurrent trial by examining the cases of appeal by each of the judgment below against the Defendants by the members. In the first and second judgment against Defendant A, each of the crimes of fraud is in the concurrent crimes under the former part of Article 37 of the Criminal Act, and each of the crimes in the first and third judgment against Defendant D also is in the concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, each of the above crimes by each of the defendants must be sentenced to a single sentence in accordance with the punishment of concurrent crimes under Article 38(1) of the Criminal Act. In this regard, each of the judgment below is impossible to maintain.

3. Accordingly, the judgment of the court below is reversed in entirety without examining the defendants' grounds for appeal, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding part of the reasoning of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 347(1) and 30 of the Criminal Act; Determination of imprisonment

B. Defendant D: Articles 347(1) and 30 (the point of fraud at the time of the first and third original adjudication) of each Criminal Code, Article 355(1) of each Criminal Code (the point of each embezzlement at the time of the third original adjudication), and selection of each imprisonment with prison labor

1. Article 35 of the Criminal Act for Aggravation of repeated crimes (defendant A);

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act for concurrent crimes (for the defendant A);

1. From among concurrent crimes, the Defendants’ respective Articles 37 (former part), 38 (1)-2, and 50 of the Criminal Act.