The judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment.

1. Summary of grounds for appeal;

A. Defendant 1’s imprisonment (one year and six months of imprisonment) and the second instance court’s imprisonment (four months of imprisonment) are deemed to be too unreasonable.

B. The first instance court’s sentence of the Prosecutor is too unhued and unreasonable.

2. Each appeal case against the defendant was consolidated at the time of ex officio examination and trial prior to the judgment on the grounds for each appeal by the defendant and the prosecutor. Each of the offenses of the judgment below is one of the concurrent offenses under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

In addition, in the first instance trial, the prosecutor added "Article 35 of the Criminal Act" to the applicable provisions of the judgment of the court of first instance against the defendant, and all the charges against the defendant, "the defendant was sentenced to imprisonment on November 5, 201 to be held in Seoul Southern District Court for fraud on November 5, 201, and completed the execution of the sentence in the first prison of the Northbukbukbuk District Court on August 24, 201," and since this court permitted this, the first instance court's judgment based on the initial charges cannot be maintained any further in this respect.

3. The conclusion of the judgment below is that there are reasons for ex officio reversal as above, the remaining parts of the judgment of the court of first instance excluding the compensation order portion for each applicant for compensation among the judgment below excluding the compensation order portion for each applicant for compensation, and the judgment below excluding the remaining parts of the judgment of the court of first instance excluding the compensation order portion for each applicant for compensation, are reversed, and it is judged again as follows. The

Criminal facts

The summary of the facts charged and the evidence admitted by this court is all the criminal facts in the judgment of the court of first instance, and the defendant is punished by imprisonment with prison labor in the Seoul Southern District Court on November 5, 2010.