The part of the judgment below, excluding the part concerning an application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment.

1. The summary of the grounds for appeal (unfair sentencing) of the judgment of the court below (the first instance court: imprisonment with prison labor for one year and two months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried by combining each appeal case against the judgment below. Each of the offenses at the time of the decision of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the remainder of the judgment of the court below excluding the part concerning the application for compensation order among the judgment of the court below is no longer maintained.

3. In conclusion, the remaining parts of the judgment of the court below, excluding the part concerning the application for compensation order, are reversed ex officio. Thus, without examining the defendant's unfair argument of sentencing, the remaining parts of the judgment below excluding the part concerning the application for compensation order among the judgment of the court below pursuant to Article 364 (2) of the Criminal Procedure Act are reversed, and it is again decided as follows

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Article 25(1), Article 31(1), Article 31(2), and Article 25(3) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Compensation Orders and Sentence of Provisional Execution (hereinafter “Special Cases Concerning the Punishment of Compensation Orders”), the Defendant committed the instant crime again during the period of repeated crime due to the same crime even though he/she had a number of records of punishment for the same crime, and the Defendant committed fraud against many unspecified victims.