The part of the judgment of the court of first instance against Defendant A and the judgment of the court of second instance shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. As to the fraud of the victim V in the judgment of the court of first instance on the mistake of facts, the defendant prepared a direct written consent to receive the price of supply from the present River, which is the original place where the defendant had been placed, and had the victim work to do so. Since the financial situation of the defendant company was difficult to prevent further work, the additional work was conducted instead of the present River, and the defendant company did not pay the price for supply promised to the victim, and the defendant did not inform the victim of the price for supply from the beginning. The judgment of the court of first instance which found the defendant guilty of this part of the facts charged was erroneous in the misapprehension of facts and affected the conclusion of the judgment. 2) When considering all circumstances such as the fact that the defendant agreed with the victims in the judgment of unfair sentencing, the sentence of the court of first and second instance sentenced to the defendant by the court of second instance (the imprisonment with prison labor for three years and the imprisonment with prison labor for two years) is too unreasonable.

B. Defendant B’s imprisonment (ten months of imprisonment and two years of suspended sentence) against the Defendant by the lower court is too unreasonable.

C. The punishment for Defendant A (one year of imprisonment) of the judgment of the court below of the second instance by the public prosecutor is too uncomfortable and unreasonable.

2. Determination

A. Upon ex officio determination, the court of original judgment Nos. 1 and 2 sentenced the defendant A to three years of imprisonment with prison labor for the former and one year of imprisonment for the latter in accordance with Article 38(1) of the Criminal Act after completing separate hearings in accordance with the Ulsan District Court 2013Da3410, 6747, 6891 (Joint) and the Ulsan District Court 2014 Godan1048 and 1856 (Joint) with respect to the latter. The defendant A filed an appeal against the second judgment, and the court of original judgment decided to concurrently examine the above two appeals cases. The first and second trials of the court of original judgment against the defendant A are concurrent crimes under the former part of Article 37 of the Criminal Act and are concurrent crimes under Article 38(1) of the Criminal Act.