The remainder of the judgment of the court of first instance, excluding the rejection of an order for compensation and an application for compensation, shall be reversed.

1. Summary of grounds for appeal;

A. On September 18, 2019, a written notification of the receipt of the trial record of the instant case was served by public notice on the Defendant. The Defendant did not submit a written statement of grounds of appeal within the due deadline for submission of the appellate brief, and the petition of appeal does not contain

(b) The first instance court’s imprisonment (two years of imprisonment) against the Defendant by the Prosecutor is too unhued and unjust;

2. According to the records of ex officio determination, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Seoul Central District Court on January 12, 2017, and the judgment became final and conclusive on January 20, 2017. On June 30, 2017, the Seoul Central District Court sentenced the Defendant to one year of imprisonment for a crime of fraud and two years of suspended execution, and the judgment became final and conclusive on July 8, 2017.

Since each crime of fraud against the defendant in the judgment of the court of first instance and each crime of fraud for which judgment has become final and conclusive as above are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for each crime in the judgment of the court of first instance shall be determined by taking into account the equity between the cases where the judgment is to be rendered simultaneously under

In this respect, the remainder of the judgment of the court of first instance, excluding the rejection of a compensation order and an application for compensation order, cannot be maintained as it is.

3. Since the judgment of the first instance court is based on the above reasons for ex officio reversal, the judgment of the first instance court is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's violation of the deadline for submission of the grounds for appeal and the prosecutor's assertion of unreasonable sentencing, and the judgment is again rendered following the

[Discied reasoning of the judgment below] Criminal facts and summary of evidence against the defendant recognized by the court is identical to each corresponding column of the judgment of the court of first instance, except for the following parts added thereto. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

On January 12, 2017, the defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court on January 12, 2017.