The part of the lower judgment against Defendant A, excluding the part of the application for compensation order, shall be reversed.

Summary of Grounds for Appeal

The punishment of the court below (one year of imprisonment for each fraud described in No. 1 to No. 226, Table 2, Table 3, Table 1 to No. 227 through 254 in the event of the original adjudication, and Table 3, Table 1 to No. 227 through 254 in the event of each fraud) is too unreasonable.

The judgment ex officio is examined prior to the judgment on the grounds for appeal by the defendant.

Where several acts falling under the name of the same crime continue to be committed for a certain period under the intention of a single and continuous crime and the legal benefits of such damage are the same, each act shall be punished by a single comprehensive crime, and where each act falling under the single crime has been committed across the period before and after a final judgment of a different kind, such an act shall not be divided into two crimes, and shall be completed at the time of the final crime which is the final judgment after the final judgment.

(2) According to the records, the Defendant, at the Suwon District Court on January 23, 2014, sentenced the Defendant to six months of imprisonment and two years of suspended execution due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., and became final and conclusive on February 4, 2014. The lower court determined that the instant criminal act was divided before and after the above final and conclusive judgment, and that each comprehensive crime was established at each time of the final and conclusive judgment, and determined that the instant criminal act constituted concurrent crimes under the latter part of Article 37 of the Criminal Act, deeming that the said final and conclusive judgment and the instant criminal act constituted concurrent crimes under the latter part of Article 39(1) of the Criminal Act.

However, it is reasonable to view all of the frauds in the judgment of the court below as a single and continuous crime committed by the defendant under the same method under the criminal intent from July 10, 2007 to December 31, 2015, and thus, it is also identical with the legal interest of the damage. Therefore, even if there has been a final judgment of another type of crime as above, it is not a separate crime, but a single crime as a single crime after the final judgment of the court below.