The part of the judgment of the court of first instance concerning the crime No. 1 and the judgment of the court of second instance shall be reversed.

Defendant 1.

1. Summary of grounds for appeal;

A. Each punishment sentenced by the lower court (Article 1: 1.2 and 2.3 months of imprisonment with prison labor, and Articles 2 and 2.6 of the lower court’s imprisonment with prison labor) against Defendant 1 and 2’s each punishment sentenced by the lower court (Article 1.1.2 and 1.6 months of imprisonment with prison labor) is too unreasonable.

B. The punishment sentenced by the second instance court (one year and six months of imprisonment) is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal by the defendant and the prosecutor prior to the determination of ex officio.

A. The first and second judgments were rendered on the Defendant, and the Prosecutor appealed against the second instance judgment, and this court decided to consolidate the above two appeals. The first and second judgments on the Defendant are concurrent offenses under Article 38(1) of the Criminal Act in relation to the first and second instances under Article 37 of the Criminal Act. As such, the first and second judgments on the lower judgment on the Defendant should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act. Therefore, the part of the lower judgment on the first and second crimes under Articles 1 and 2 of the Criminal Act cannot be maintained.

B. The term “a crime for which judgment to punish with imprisonment without prison labor or a heavier punishment has become final and the crime committed before such judgment has become final and conclusive” falls under concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, where a crime for which judgment has not been rendered among concurrent crimes and a crime for which judgment has become final and conclusive under Article 39(1) of the Criminal Act are to be adjudicated concurrently and where a crime for which judgment has not yet become final and conclusive cannot be adjudicated concurrently with a crime for which judgment has already become final and conclusive, a sentence shall be imposed, or a sentence shall not be mitigated or remitted in consideration of equity and equity,

According to the evidence duly adopted and examined by the lower court, the Defendant was sentenced to ten months of imprisonment with labor for fraud and two years of suspended execution in the Ulsan District Court on April 13, 2017, and the judgment on April 21, 2017.