The remaining parts of the first judgment excluding compensation order and the second judgment shall be reversed respectively.

Defendant shall be punished by imprisonment.

1. The summary of the grounds for appeal (Article 1: 1.2 months of imprisonment with prison labor and Article 2.8 months of imprisonment) of the judgment below is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried to examine the two cases of appeal by combining the two cases of appeal against the accused. The crimes of the judgment of the court below which was consolidated in the trial at the trial at the court are concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the remaining parts of the judgment of the court of first instance excluding compensation order and the second judgment excluding compensation order are all reversed.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the remaining part of the judgment of the court of first instance excluding a compensation order among the judgment of the court of first instance is reversed, and the remaining part of the judgment of the court of second instance is again decided as follows, after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

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

1. The Defendant committed the instant crime during the period of probation, even though he/she was sentenced to a suspended sentence of imprisonment for fraud on or around April 2018, under Articles 25(1)1, 31(1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Orders and Sentence of Provisional Execution, and was sentenced to a suspended sentence of imprisonment for fraud, and the Defendant did not receive a letter from victims and did not recover from damage.