All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. As to each fraud listed in paragraphs 1, 3, and 5 of the judgment of the court below of the second instance, the defendant did not operate a driving school on the wind to avoid creditors, and did not have an intention to acquire it.

B. Each sentence (the first instance judgment: imprisonment with prison labor for a year and August, and the second instance judgment: imprisonment with prison labor for a year and two years) imposed by the lower court on the Defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the case No. 2013No1397 of this Court, which is the case of appeal against the judgment of the court of first instance, and the case No. 2013No2286 of this Court, which is the case of appeal against the judgment of the court of second instance, was consolidated in the procedure of oral proceedings. Each of the crimes of the judgment of the court of first and second instance, is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the extent that aggravating concurrent crimes pursuant to Article 38(1) of the Criminal Act, so the judgment

(4) The following circumstances are as follows: (a) even if there are reasons to reverse ex officio, the Defendant’s assertion of misunderstanding of facts is still subject to this Court’s determination; (b) the second instance court’s determination of misunderstanding of facts on March 3, 2002, which can be recognized by comprehensively taking account of the evidence duly adopted and investigated by the lower court; (c) the Defendant had a debt of KRW KRW 00 million due to the Defendant’s failure to repay borrowed funds from his parents on the wind to expand the facilities of a private teaching institute since the initial capital was insufficient; (d) the Defendant failed to repay borrowed funds or paid tuition fees to his parents after advance payment of tuition fees from his parents; and (e) the Defendant was sentenced to a suspended sentence of 2 years for a criminal offense from North Korea Branch of the Seoul District Court on October 23, 2003 to a suspended sentence of 8 months for a criminal offense; and (c) operated the private teaching institute or worked