2. Each appeal case against the judgment below was consolidated in the judgment of the court of ex officio reversal following consolidation. Each of the above judgment below's offenses constitutes concurrent crimes under the former part of Article 37 of the Criminal Act (excluding the portion exempted from punishment) and a single sentence should be sentenced pursuant to Article 38 of the Criminal Act. As such, ① the part of the judgment of the court of first instance excluding compensation order among the judgment of the court of first instance, ② the part excluding the fraud of October 20, 2018, which was exempted from punishment among the judgment of the court of second and third judgment.

Therefore, without examining the Defendant’s assertion of unfair sentencing, the part of the first instance judgment excluding compensation order, and the remainder of the second and third lower judgment excluding punishment exemption pursuant to Article 364(2) of the Criminal Procedure Act shall be reversed, and following the pleadings shall be determined as follows.

[The reasoning of the judgment of the court below excluding the compensation order in the part of the judgment of the court of first instance, the part of the judgment of the court of second instance, and the part other than the exemption from punishment in the judgment of the court of second instance excluding the exemption from punishment] criminal facts and summary of evidence recognized by this court is the same as that of the judgment of the court below excluding the corresponding column

Application of Statutes

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act and Articles 25 (1) and 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Declarations;