All judgment of the court below shall be reversed.

A fine of 3,00. 3,000.

1. The summary of the grounds for appeal each of the sentencing (the defendant is the defendant Nos. 2 and 3 with respect to the judgment of the court below, and the prosecutor of the first instance judgment)

2. Ex officio determination

A. We examine ex officio the reasoning for each appeal following a joint hearing prior to the judgment on the grounds for each appeal.

As to the judgment of the court below Nos. 2 and 3, the prosecutor filed an appeal against the judgment of the court of first instance, and this court decided to hold a joint hearing of the above appeal cases.

Therefore, the lower court’s respective crimes against the Defendant (Provided, That as seen earlier, the lower court’s judgment’s violation of the structure, each theft, and the violation of the Act on the Financial Industry Specializing in Credit, among the lower judgment’s judgment, should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. As such, the lower judgment cannot be maintained.

B. In light of the legal principles of the first instance judgment, the record reveals that ① on May 30, 2017, the Defendant issued a summary order of KRW 3 million with respect to the violation of the law of financial business specializing in credit, fraud, theft, building intrusion, property damage, and the above summary order was finalized on August 2, 2017. ② The facts constituting the crime of the above summary order established are as follows: (i) around December 27, 2016, the Defendant intrudes into theCC Center at the window CB of Changwon-si, which was managed by the CD of the Victim; and (ii) cut six passbooks at the SCC Center at the Changwon-si, which was managed by the CD of the Victim, using the stolen passbook, and cut off KRW 70,000 from the cash withdrawal machine managed by the Victim CF around the same day.”

However, the crime of the first instance judgment also includes the victim of the above summary order, the time and contents of the crime, and the method of the crime of intrusion on the structure to theCC Center, and larceny of cash amounting to 70,000 won. The res judicata effect of the final summary order on each of the above crimes is a resolution of the first instance judgment, which was made prior to the issuance of the summary order.