Each judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The punishment of the original court against the accused in the summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for a year and six months, confiscation, and second instance judgment: imprisonment with prison labor for a year) is too unreasonable; and

(2) On the fifth trial date, the Defendant stated that “A false lawsuit was brought, but there was no intention to win the lawsuit,” among the grounds for appeal in the judgment of the court below on the fifth trial date, it was a mistake of fact that there was no intention to win the lawsuit, but the Defendant withdrawn it on the same date.”

A. The consolidated defendants filed an appeal against each judgment of the court below, and this court decided to hold concurrent hearings. The crimes of each judgment of the court below against the defendants, which are consolidated and tried, are all concurrent crimes under the former part of Article 37 of the Criminal Act, and a single punishment is imposed. Thus, each judgment of the court below cannot be maintained.

B. Of the first instance judgment, Article 48(1)1 of the Criminal Act on the part of the forfeited goods provides for "goods which have been provided or intended to be provided for an act of crime" as goods that can be forfeited. In light of the fact that the confiscation under the Criminal Act is sentenced in addition to other punishment in addition to the conviction against the defendant who is convicted of the facts charged, it should be recognized that certain goods are "goods which have been provided or intended to be provided for an act of crime" and that such goods are those which have been provided or intended to

(See Supreme Court Decision 2007Do10034 Decided February 14, 2008. According to the records, the facts charged in the instant case found guilty by the first instance court is that “the Defendant, in collusion with J, etc., installed facilities to steal oil on the pipelines from February 11, 2013 to November 23, 201 of the same year, and stolen oil through the above facilities.” The seized smartphone (F) was sold only after the same type of mobile phone was sold after February 2014.