All judgment of the court below shall be reversed.

Defendant

A shall be punished by imprisonment with labor for ten months and by imprisonment with labor for six months.

1. The gist of the grounds for appeal is that each of the punishments (in the first instance court: fine of KRW 2 million; fine of KRW 100,000; imprisonment of KRW 10 months; and imprisonment of KRW 200,00) declared by the lower court is too unreasonable, and Defendant B appealed on the grounds that the punishment sentenced to himself by the second instance court ( imprisonment of KRW 8 months) is too unreasonable.

2. Determination

A. Before determining ex officio (the part against Defendant A) on the grounds of appeal by the Defendants, this Court tried ex officio prior to the judgment on the grounds of appeal by the Defendants, and this Court tried by combining each appeal case against Defendant A, and each of the offenses in the judgment of the court below against Defendant A in relation to concurrent offenses under the former part of Article 37 of the Criminal Act, should be punished as a single sentence within the scope of punishment aggravated for concurrent offenses pursuant to Article 38(1) of the Criminal Act. In this regard, the part against Defendant A in the first and second judgment cannot be maintained any more.

B. In the judgment of the court on the assertion of unfair sentencing in Defendant B, the victim H sought a preference against the same accused by mutual consent with Defendant B, and Defendant B appears to repent and reflect his mistake. In full view of all the circumstances that form the conditions for the sentencing of this case as indicated in the records, such as the motive and method of the crime of this case, the amount of fraud, the degree of involvement in the crime, and the circumstances after the crime, etc., the second instance judgment is too unreasonable.

3. In conclusion, there are grounds for ex officio reversal of the first and second parts of the first and second parts of the judgment, and there are grounds for appeal by Defendant B against the second part of the judgment. Thus, the judgment below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, and the following is determined through pleading.

[C] Criminal facts and the summary of the evidence recognized by the court and the summary of the evidence are "1. Defendant's legal statement" in front of the summary of the evidence of the first instance court.