Of the judgment of the court of first instance, the part concerning the defendant's case and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment.

1. Summary of grounds for appeal;

A. Each sentence (the first instance judgment: imprisonment with prison labor for 1 year and 6 months, and imprisonment with prison labor for 2 months) sentenced by the lower court is too unreasonable.

B. The above sentence imposed by the court of first instance by the prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial. Each of the crimes that the judgment of the court below rendered are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below that rendered a separate sentence for each of the above crimes cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the alleged unfair sentencing by the defendant and the prosecutor, on the grounds that the judgment of the court below is based on the above reasons for reversal, and the following is again

[Dao-written judgment (Defendant A)] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as stated in each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act, Article 8 of the Special Act on Insurance Fraud Prevention, Article 8 of the Special Act on Insurance Fraud Prevention, Article 8 of the Special Act on Insurance Fraud Prevention, Article 30 of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent offenders, the crime of fraud in trading goods for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is impairing the order of the Internet commercial transaction market and the public trust in this regard, and the crime of insurance fraud is impairing the purpose of the insurance system, i.e., the dispersion of reasonable risks, and causes economic loss to many good subscribers.