All the judgment below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. From January 29, 2016 to July 25, 2016, the lower court, among the facts charged, convicted him/her of the facts charged, on the part of the fraud that he/she acquired by transfer of KRW 212,29,000 from K through 34 times, and convicted him/her of the facts charged.

On the other hand, only the defendant appealed against the guilty portion, and the prosecutor did not appeal against the acquittal portion of the reason.

In such cases, the part of acquittal in the reason is also judged in the trial together with the guilty part according to the principle of non-guilty appeal. However, the part of acquittal in the reason is not determined again because it has already been separated from the object of attack and defense between the parties.

Therefore, the conclusion of the judgment of the court of first instance is followed with respect to the acquittal portion of the reasoning (However, the "victim AB" at the end of the judgment of the court of first instance is clear that it is a clerical error of "victim K," and thus is immediately correct ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure). 2. The summary of the grounds for appeal (the first instance court: 1 year, and 2 year imprisonment) is too heavy.

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

The judgment of the court of first instance and the judgment of the court of second instance rendered each judgment against the defendant, and the defendant filed each appeal against them, and this court decided to jointly examine the above two appeals cases.

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 shall be imposed in accordance with Article 38(1) of the Criminal Act.

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

4. Accordingly, the court below's judgment of the first and second court on the defendant is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, since there is a ground for ex officio reversal as seen above.