The remaining parts of the judgment of the court of first instance excluding the compensation order part and the judgment of the court of second instance are reversed.

1. Each sentence of the lower court against the accused of the gist of the grounds for appeal (the first instance judgment: imprisonment with prison labor for three years and six months, confiscation, and collection KRW 3 million, and the second lower judgment: imprisonment with prison labor for six months and collection KRW 1.5 million) is too unreasonable.

2. Where an appeal is filed against a conviction on the part of the judgment of the court of first instance regarding a compensation order, the confirmation of the compensation order shall be prevented, and the compensation order shall be transferred to the appellate court, along with the case of the defendant (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit), and even if ex officio examination is conducted, the part of the judgment of the court of first instance regarding the compensation order among the judgment of the court of first instance cannot be found to have been revoked or amended, and thus, it shall be maintained as is,

3. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the first instance and the judgment of the second instance against the defendant was rendered, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. Since each of the above offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act, since the remaining parts of the judgment of the first instance except the compensation order and the judgment of the second instance cannot be maintained as they are.

4. Accordingly, the remaining part of the judgment of the court below except the compensation order part among the judgment of the court of first instance and the judgment of the court of second instance are reversed ex officio. Thus, without examining the defendant's assertion of unfair sentencing, all of them are reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it

[D.] The Criminal Procedure Act provides that a summary of the facts constituting an offense and evidence recognized by the court is the same as that of the judgment below, and thus, the summary of the facts constituting an offense and evidence is identical.