Part of the first judgment excluding compensation order and all of the second judgment shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

1. The summary of the grounds for appeal (Article 1: 1 year of imprisonment with prison labor, and Article 2: 6 months of imprisonment) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the court below against the defendant was rendered separately, and the defendant filed an appeal against the judgment of the court of first and second instances, and the court decided to jointly examine each appeal case.

Therefore, each crime of the judgment of the court below shall be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below is impossible to maintain

3. According to the conclusion, since the part of the first judgment excluding the compensation order and the second judgment excluding the compensation order excluding the above reasons for the reversal of authority, the part excluding the compensation order among the first judgment and the second judgment under Article 364(2) of the Criminal Procedure Act excluding the compensation order shall be reversed pursuant to Article 364(2) and the second judgment

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Articles 25 (1) and 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Sentence of Provisional Execution;

1. The scope of applicable sentences: Imprisonment for one month to 15 years;

2. Scope of recommendations based on the sentencing guidelines: Imprisonment with prison labor for a period from one year to two years (decision of a type): Fraud, general fraud, or one type (special person): Where a person commits a crime intended for unspecified or multiple victims or repeatedly for a considerable period of time.