The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

Defendant

D-.

1. Summary of grounds for appeal;

A. The lower court’s respective sentence against Defendant A, Defendant A, and D (a two years of imprisonment with labor for Defendant A, Defendant D one year of suspended sentence, two years of suspended sentence, probation, and community service order) is too unreasonable.

B. Comprehensively taking account of the evidence that correspond to the facts charged against Defendant C by the prosecutor (a factual error), Defendant C conspired with Defendant A and Co-Defendant B of the first instance trial to obtain money from the victims.

2. Determination

A. According to the records, Defendant A was released on September 30, 2008 and released on September 14, 2008, when he was sentenced to one year of imprisonment for fraud, etc. at Seoul High Court on March 20, 2008. Defendant A’s fraud crime against Defendant A’s victim P was low between September 26, 201 and October 12, 201, within three years after the execution of the above sentence was completed, and thus constitutes a repeated crime. Thus, the lower court determined Defendant A’s wife’s wife’s wife’s punishment, and thus, it was no longer maintained since it erred in the misapprehension of law, even though Defendant A’s punishment was imposed on Defendant A’s victim P, and it did not constitute a repeated crime, but merely constitutes a criminal offense, and thus, it does not constitute a criminal charge, and even if it does not constitute a repeated crime, it does not constitute an ex officio application of the applicable provisions in the indictment.

(see, e.g., Supreme Court Decision 2015Do6147, Jul. 9, 2015). In addition, according to the records, Defendant A was sentenced to a suspended sentence of two years on May 12, 2017, as stated in the first head of the crime in the judgment of the court below, in the Daejeon District Court Seosan Branch on May 12, 2017, and the said judgment was finalized on April 13, 2018, as well as on November 22, 2018.