The judgment of the court of first instance (excluding the part dismissing a compensation order) and the judgment of the court of second instance shall be reversed in entirety.

Two years of imprisonment.

1. Summary of grounds for appeal;

A. The respective sentences of the lower court (the lower court’s first instance judgment: 2 years of imprisonment; confiscation; and 2 months of imprisonment) are too unreasonable.

B. The first sentence (2 years of imprisonment, confiscation) of the lower court (2 years of imprisonment) is deemed to be too unhued and unfair.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

A. The lower judgment was successively sentenced to the Defendant, and the Defendant filed each appeal against the lower judgment against the first instance court.

This Court decided to consolidate the above two appeals cases.

In this regard, each of the crimes committed by the lower judgment guilty is a concurrent crime under the former part of Article 37 of the Criminal Act.

For this, one punishment should be sentenced in accordance with Article 38 (1) of the Criminal Code.

Therefore, the judgment of the court below (excluding the dismissal part of the judgment of the court of first instance) cannot be maintained as it is.

B. According to the records of this case, the defendant was sentenced to three months of imprisonment for aiding and abetting fraud at the Gwangju District Court on October 22, 2020 and the above judgment became final and conclusive on November 13, 2020.

Each crime of the judgment of the court below is one of the concurrent crimes with the crime of aiding and abetting fraud for which judgment has become final and conclusive and the crime of aiding and abetting fraud for which judgment has become final and conclusive Article 37 of the Criminal Act, and in accordance with the main sentence of Article 39 (1) of the Criminal Act, the principle of equity with which judgment is concurrently rendered. As such, the judgment of the court below (excluding

3. As such, the judgment of the court of first instance (excluding the part dismissing a compensation order) and the judgment of the court of second instance are reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining each of the unlawful arguments of sentencing by the defendant and the prosecutor, and the judgment below is all reversed and the judgment below is all reversed and the judgment below is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence recognized by the court is "criminal facts" in the first part of the "criminal facts".