All parts of the judgment of the court below against Defendant A and B shall be reversed.

Defendant

A shall be punished by imprisonment for a period of two years and six months.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (unfair sentencing) (one and half years of imprisonment with prison labor of the lower court, and two years of imprisonment with prison labor of the lower court) is too unreasonable.

B. Defendant B(1) of the misunderstanding of the legal doctrine as to KRW 2 of the attached Table 197,160,000, excluding the amount withdrawn from the account delivered by the Defendant, out of the total amount of damage indicated in the attached Table 2 of the judgment of KRW 197,160,000, did not constitute a joint principal offender in fraud.

2) The punishment sentenced by the lower court (one and half years of imprisonment with prison labor of the lower court, one and half months, and two years of imprisonment with prison labor of the lower court) is too unreasonable.

(c)

Defendant

T1) Of the total damage amount of KRW 597,067,07,07, which the Defendant had received in advance, the remainder, excluding the amount directly withdrawn by using the cash card and password, which the Defendant had received in advance, was not involved in the crime. Therefore, the joint principal offender in the crime of fraud is not established.

B) Defendant T was convicted of the charge of fraud due to the expression of habitual nature, and the judgment became final and conclusive as stated in the 2nd judgment prior to the second judgment. Since res judicata of the final and conclusive judgment also affects the facts constituting the crime in the judgment of the second instance, the judgment of acquittal should be pronounced.

2) The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.

2. Determination as to Defendant A and B’s assertion

A. We examine ex officio the reasoning for each appeal by the above Defendants against the judgment of the court below Nos. 1 and 2 prior to the judgment of the court below.

Defendant

The judgment of the court below 1 and 2 against A and B rendered each appeal, and the above defendants filed each appeal, and this court decided to consolidate the two appeals cases.

Of the judgment below of the court below and the judgment of the court below of the second instance, the crimes of the defendant A and B are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the crimes of the defendant A and B are crimes.