The remainder of the judgment of the court below of first instance and the judgment of the court of second instance excluding the dismissal of an application for compensation order.

1. The second instance court rejected the application for compensation by the applicant for compensation. Since the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately, the part of the judgment below’s rejection of the above application for compensation among the judgment below’s second instance judgment is excluded from the scope of the judgment of this court.

2. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (the first judgment: the two years of imprisonment with prison labor for Defendant A, the four years of imprisonment with prison labor for Defendant B, and the second judgment: the imprisonment with prison labor for Defendant A, six months of imprisonment with prison labor for Defendant B, and one year and six months of imprisonment for Defendant B) is improper.

3. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The Defendants appealed against the judgment below, and this Court decided to consolidate the two appeals cases with each other.

Each of the judgments of the court below against the Defendants is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act, so the judgment of the court below cannot be maintained as it is.

4. Accordingly, the judgment of the court below is reversed on the ground that there is a ground for reversal ex officio as above, and the remaining parts of the judgment of the court of first instance and the judgment of the court of second instance other than the rejection of the application for compensation order ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendants' unfair assertion of sentencing are all reversed, and the judgment below is

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment for the crime: Articles 331(2) and (1), and 30 (Special thief) of the Criminal Act; Articles 347(1) and 30 (Crime of Fraud) of each Criminal Act; and Articles 347(1) and 30 (Crime of Fraud) of each Criminal Act.