All judgment of the court below shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year and two months, and by imprisonment with prison labor for one year and eight months.

1. Reasons for appeal;

A. 1) The sentence of the lower court (Defendant A: 6 months of imprisonment, 2 years of suspended execution, 8 months of imprisonment and 2 years of suspended execution) is too unreasonable.

2) The lower court’s sentence against the prosecutor Defendants is too unhued and unreasonable.

B. Defendants of the second instance judgment: The sentence of the lower court (one year of imprisonment, two years of suspended execution, one year and six years of suspended execution, and three years of suspended execution) is too unreasonable.

2. Determination ex officio, this Court held that each appeal case against the judgment of the court of first instance and the judgment of the court of second instance against the Defendants was consolidated and tried, and since each of the crimes committed in the above cases are concurrent crimes under the former part of Article 37 of the Criminal Act, one of the crimes committed in accordance with Article 38(1) of the Criminal Act should be sentenced. Thus, the judgment of the court of first instance and the judgment of the court of second instance that sentenced the Defendants to a separate sentence were unable to be maintained in this point.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendants and the prosecutor’s improper assertion of sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows, with the exception that “total amount of KRW 87,086,100” is changed to “total amount of KRW 86,936,100” among the facts charged at the order of 6595, the summary of the facts charged at the order of 2016 and the summary of the evidence is as stated in each corresponding column of the judgment below, and thus, they are cited pursuant to Article 369

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act for a suspended sentence.

1. Article 62-2 (1) of the Criminal Act concerning community service order;

1. Confiscation Article 48 of the Criminal Code.