The appeal by the defendant and prosecutor against the judgment of the court of first instance and by the defendant against the judgment of the court of second instance.

1. Summary of grounds for appeal;

A. Defendant 1) mistake of facts (as to the judgment of the court below of the second instance), the Defendant is an apartment (as to the judgment of the court below of the second instance), owned by the victim’s debt of the network D, 104 Dong 305, and hereinafter “instant apartment”.

(2) According to the victim’s proposal, the Defendant’s mother transferred the instant apartment in the name of E, and did not interfere with the property by threatening the victim. Even if it is recognized that the Defendant conspireds with the victim, “The value of the instant apartment” should also be deducted from “the amount of the secured debt of the victim who acquired the E” in addition to “the amount of the secured debt of the right to collateral security established on the instant apartment in addition to “the amount of KRW 120 million,” and thus, the amount of the pecuniary profit acquired by E is merely KRW 14 million. 2) The lower court’s respective punishment (the lower court’s judgment: imprisonment with prison labor for 6 months and collection; imprisonment with prison labor for 6 months and 6 months) is unreasonable.

B. Inspection (as to the judgment of the court of first instance), the sentence of the court below is too unhued and unreasonable.

2. Determination

A. Before determining the grounds for appeal by the Defendant’s ex officio determination, this paper examined ex officio.

As to the judgment of the court of first instance, the defendant and the prosecutor filed each appeal against the judgment of the court of second instance, and this court decided to concurrently examine the above appeal cases.

However, according to the evidence duly adopted and examined by the lower court, the Defendant was sentenced to imprisonment with prison labor for six months on May 13, 2015, and the said judgment became final and conclusive on October 15, 2015.

However, each crime of the judgment of the court of first instance is one of the crimes after the final judgment becomes final and conclusive, and since the crime of the judgment of the court of second instance was committed before such final and conclusive judgment, each crime of the judgment of the court of second instance and that of the judgment of the court of first instance cannot be the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the crimes under Article 38