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

The first instance court held that the defendant was a defendant.

1. The sentence imposed by the court below (No. 1: Imprisonment with prison labor for 2 years and 6 months, and imprisonment with prison labor for 2 months) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records of this case, the Defendant was sentenced to one year and two months from May 24, 2018 to July 21, 2018 in Seoul Southern District Court, which committed between May 28, 2019 and July 21, 2018, and the judgment became final and conclusive on August 2, 2019. However, the crime of fraud in the case 20 higher group 582 (merger) of the first instance judgment was committed before the date when the above judgment became final and conclusive, and the remaining crimes of fraud in the first instance judgment were committed after the date when the above judgment became final and conclusive.

Therefore, the punishment should be determined and sentenced separately from the other judgment of the first instance court in the case of 2020 senior 582 (Consolidation) case.

Nevertheless, since the first instance court rendered a single sentence for all frauds in its judgment, the first instance court’s judgment cannot be maintained any more.

B. In addition, as the judgment of the court below is merged in the first instance trial, the crime of fraud in the second instance judgment with the remaining crimes except for the crime of fraud in the case 582 (Joint) judgment of the court of first instance has to be judged in the concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to one punishment at the same time in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below which sentenced a separate punishment has no longer been maintained.

3. The conclusion of the judgment below is that there is a ground for reversal ex officio as above. Thus, without examining the defendant's unfair argument of sentencing, the part of the judgment below excluding compensation order among the judgment of the court of first instance pursuant to Article 364 (2) of the Criminal Procedure Act and the judgment below of the court below excluding compensation order and the judgment below

(1) The Criminal Procedure Act applies to the criminal facts and the summary of the evidence recognized by the court, as stated in the relevant column of each of the judgment below.