The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance are reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence of the lower court (No. 1: imprisonment with prison labor for 6 months, and a fine for 2 million won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

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

The judgment of the court below rendered each appeal against the defendant, and the defendant filed each appeal, and the court decided to jointly examine each appeal case.

Therefore, the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance cannot be maintained as they are.

3. As such, the part against the defendant 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 unfair argument about sentencing, the part against the defendant among the judgment of the court of first instance and the judgment of the court of second instance shall be reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below shall be reversed,

[The part of the judgment which is used again against the defendant] The criminal facts and the summary of the evidence against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column against the defendant among the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 8 of the Special Act on the Prevention of Frauds by Insurance, Articles 30 (Insurance Fraud, Selection of Imprisonment, and Selection of Punishment) of the Criminal Act, and Article 347 (1) of each Criminal Act (the fraud point, and Selection of Imprisonment) concerning criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes against punishment prescribed by the Special Act on the Prevention of Insurance Fraud No. 5 which is the most severe crime committed)

1. The scope of punishment by law: Imprisonment with prison labor for not more than 30 years;