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) that the court below sentenced the defendant (the first instance court: imprisonment with prison labor for three years and the second instance court: imprisonment with prison labor for eight 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below excluding the part concerning the application for compensation order among the judgment of the court below is no longer maintained.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. Article 347(1) of the Criminal Act (the point of fraud), Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act (the point of damage to property by negligence), Articles 152 Subparag. 1 and 43 of the Road Traffic Act (the point of damage to property by negligence), Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (the point of acquiring access media) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (limited to cases of a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act);

1. Selection of penalty;