Of the judgment of the court below of first instance, the part of the judgment of the court below and the part of the judgment of the court below of second is reversed.

Defendant

A. Imprisonment.

1. Summary of grounds for appeal;

A. According to the prosecutor’s assertion of mistake of the facts (the part not guilty in the judgment of the court of first instance (Defendant A)) (1) according to the prosecutor’s legal statement of the court below and the statement of investigation agency, the fact that the defendant provided philopon to E free of charge, such as the charge of providing philopon among the 4678 order 2016

② According to the text message pictures, etc. sent by the Defendant to I, the Defendant may recognize the fact that the Defendant issued a penphone to I as shown in the facts charged of the part in which the textphone was sent to I.

Nevertheless, the judgment of the court below which acquitted each part of the facts charged is erroneous as a matter of fact.

B. The defendants and the prosecutor's wrongful assertion of sentencing [the guilty part of the judgment of the court of first instance (the judgment of the court of first instance) and the judgment of the court of the court below (the judgment of the court of first instance : the imprisonment of the court of first instance : 3 years, additional collection 200,000 won, and 2 years of imprisonment of the court of second instance: 1 year, additional collection 100,000 won) are too heavy or too harsh.

2) The punishment sentenced by the lower court (No. 2: imprisonment with prison labor for a year, additional collection of KRW 850,000) is too unreasonable.

2. As to Defendant A

A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The judgment of the court below in the first and second instances against the defendant was rendered, and the defendant filed an appeal against it, and this court decided to hold a joint hearing of the two appeals cases.

The first and second judgments on the Defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the conviction of the first judgment and the second judgment cannot be maintained in entirety.

B. The lower court’s assertion of the Prosecutor’s misunderstanding of the facts contained in the Prosecutor’s misunderstandings is difficult to believe the E’s statement in the court of the lower court and the investigative agency in light of the witness F’s legal statement, etc., and there is no other evidence to acknowledge the facts charged, on the ground that there is no evidence to acknowledge the facts charged.