All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of two years and two months.

The defendant is against the applicant for compensation.

1. Summary of grounds for appeal;

A. The punishment (the first instance judgment: imprisonment with prison labor for a period of one year and six months, and the second instance judgment: imprisonment with prison labor for a period of ten months) sentenced by each Defendant’s respective judgment is too unreasonable.

B. The prosecutor (with respect to the judgment of the second instance)’s sentence (ten months of imprisonment) sentenced by the second instance judgment is deemed to be too uneasible and unfair.

2. Prior to the judgment on the grounds of appeal for the judgment, this Court tried ex officio prior to the judgment on the grounds of appeal, and this Court tried by combining these cases with an appeal for each judgment of the court below. Each of the offenses in the judgment below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, each of the judgment below cannot

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor and the defendant, and the judgment below is reversed in its entirety, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 provisions of the Criminal Act and Article 347 (1) of the Criminal Act (the fraud by victim), Articles 15 (2) and 6-2 of the Reserve Forces Act (the point of registration of unknown domicile due to failure to report the movement of residence), and the choice of imprisonment with prison labor for each type of crime;

1. Among concurrent offenders, Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of concurrent Crimes stipulated in the crime of fraud against Victim CL with the largest punishment) of the Criminal Act and Article 25 (1), Article 31 (1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Orders and Declaration of Provisional Execution, etc., AK, an applicant for compensation, uses the annual leave used for applying for a compensation order in addition to the money acquired through deception, shall be paid annual allowances, transportation expenses, and delay damages.