Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not less than three years and two months.

2. We examine ex officio the grounds for appeal ex officio before determining the grounds for appeal.

Article 80 Subparag. 2 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015; hereinafter the same shall apply) (amended by Act No. 13686, Dec. 29, 2015; hereinafter the same shall apply) ( statutory penalty: imprisonment with labor for not more than two years, or a fine not exceeding five million won) and Article 12(3) shall apply to the crime committed in violation of the Motor Vehicle Management Act before December 29, 2015, which is the date of the enforcement of the Motor Vehicle Management Act amended by Act No. 13686, Dec. 29,

Nevertheless, the lower court, applying Article 80 subparag. 2 of the current Automobile Management Act (A statutory penalty: imprisonment with labor for not more than two years, or a fine not exceeding twenty million won), and Article 12 subparag. 3 of the current Automobile Management Act, committed a more serious violation of statutory punishment.

In this regard, the lower court sentenced a single sentence for each of the crimes in violation of the said Automobile Management Act and the remaining crimes in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Therefore, the part of the lower judgment, except the compensation order, can no longer be maintained.

3. As such, the part of the judgment of the court below, except for the compensation order, is reversed ex officio. Thus, without examining the defendant's unfair argument of sentencing, the part of the judgment below excluding the compensation order among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act is reversed, and the following is again decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in 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. Article 347(1) of the Criminal Act (the point of fraud), Article 329 of the Criminal Act (the point of fraud), Article 152 Subparag. 1, Article 43 of the Road Traffic Act (the point of unauthorized Driving), and Article 43 of the same Act concerning the crime.