The judgment of the court below of first instance except the portion of compensation order and the judgment of the court below of second instance shall be reversed.

Defendant .

1. The sentence (No. 1: Imprisonment with prison labor for 6 months, and imprisonment with prison labor for 2 months) declared by each court below on the gist of the grounds for appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant, and as each of the cases of the judgment of the court below against the defendant appealed in the first instance court, each of the crimes in the judgment of the court below against the defendant is concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and a single punishment should be imposed at the same time in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the grounds for appeal by the defendant, and the following is ruled as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is identical to each corresponding column of the judgment of the court 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. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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. Grounds for sentencing of Article 25(1), Article 31(1), and Article 31(2) of the Act on Special Cases concerning the Promotion, etc. of Each Action for Compensation Order [the above applicant filed an application for compensation of KRW 250,000, even though the damage amount of the applicant K was KRW 405,000, and only the applicant filed an application for compensation of KRW 250,000, in accordance with Article 25(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc.]

1. Where he/she commits a crime against an unspecified or large number of unspecified victims, or repeatedly commits a crime for a considerable period, in the aggravated area (one year to two years) of Class 1 (less than KRW 100,00) in general frauds (one year to six months) on the sentencing guidelines;

2. The crimes of this case committed by the defendant who was sentenced to sentence are unspecified.