The judgment below

The part against the defendant shall be reversed.

Defendant No. 1, 227 of the Judgment of the court below.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

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

A. According to the records, it is recognized that the Defendant was sentenced to imprisonment with prison labor and two months for a violation of the Act on the Control of Narcotics, Etc. (hereinafter “final judgment”) at the Ulsan District Court on October 19, 2016, and completed the execution of the said punishment on September 16, 2017, and on August 22, 2018 at the same court (hereinafter “final judgment”) sentenced eight months to imprisonment with prison labor for the same crime (hereinafter “final judgment”) and released on December 22, 2019 after the said judgment became final and conclusive on February 22, 2019 and completed the execution of the said punishment on the same day.

B. The crime of violation of the Special Act on the Prevention of Insurance Fraud to Victims F and Mutual Aid Association of Victims and the crime of violation of the Act on the Control of Narcotics, etc. (fence) in the final and conclusive judgment of the court below against the defendant is a concurrent crime under the latter part of Article 37 of the Criminal Act, and the crime of violation of the Act on the Control of Narcotics, etc. (fence) shall be sentenced to punishment for each of

C. The crime for which judgment to face with imprisonment without prison labor or a heavier punishment has become final and the crime for which judgment has become final and conclusive shall constitute concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime for which judgment has become final and conclusive shall be sentenced separately (the first sentence of Article 39(1) of the Criminal Act). As such, crimes before and after the final and conclusive judgment do not constitute

The Defendant’s respective crimes against the Victim F Company and the Victim JJ Mutual Aid Association are terminated on or before February 22, 2019 when the second final judgment became final, but the crime against the Victim N was terminated on or after April 22, 2019 when the last insurance money was paid, and in the case of a single comprehensive crime, the entire criminal act should be deemed to have been terminated when the last criminal act was completed.

(see, e.g., Supreme Court Decision 2004Do5014, Oct. 28, 2004). This judgment is final and conclusive.