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

Defendant shall be punished by imprisonment.

1. The sentencing of the lower court (one year of imprisonment with prison labor and ten months of imprisonment with prison labor) on the gist of the grounds of appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the first and second judgment against the defendant was rendered, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings. The first and second judgment against the defendant is in a concurrent relationship with the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is, since the first and second judgment cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the judgment of the court of first and second instances except the compensation order among the judgment of the court of first and second instances are reversed, and the following is again decided

[Dao-written judgment] The summary of facts and evidence admitted by this court is an obvious clerical error in the facts and summary of the facts and evidence, except where "20,134,000 won" in the 18th sentence of the judgment of the court of the second instance is "3,01,860 won" as stated in each corresponding column of the judgment of the court below, and therefore, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) (Fraud, Selection of Imprisonment), 347(1), and 30 (Selection of Imprisonment with Labor), Articles 231 and 30 (Selection of Imprisonment with Labor), Articles 234, 231, and 30 (Selection of Imprisonment with Labor) of the Criminal Act concerning facts constituting an offense, and Articles 234, 231, and 30 (Selection of Imprisonment with Labor) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 25(1), 31(1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Sentences