1. All the judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

1. Summary of grounds for appeal;

A. The punishment of Defendant 2 sentenced by the lower court (ten months of imprisonment) is too unreasonable.

B. The sentence of imprisonment (two months of imprisonment) imposed on the Defendant by the prosecutor of the first instance judgment is too unhued and unreasonable.

2. The Defendant filed an appeal against the judgment of the second instance, and the prosecutor filed an appeal against the judgment of the first instance.

The trial court decided to hold a joint hearing of the above appeal cases.

As long as the facts constituting the crime of each judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, they should be judged simultaneously and sentenced to a single punishment, so the judgment of the court below cannot be maintained further.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the above ex officio reversal grounds.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (a point of storage of access media) of the same Act, and the choice of imprisonment for a prison labor, respectively;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognizes all the crimes of this case and reflects the defendant, the defendant does not lead or lead the crime of this case, but simply takes part in the fraud of this case, and the defendant seems not to have substantial profits from the crime of this case, and the crime of this case is committed.