The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

Of the facts charged in this case, the victim AX is involved.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (six years of imprisonment).

2. An ex officio determination of the Defendant’s fraud with the victim AX constitutes a crime falling under Article 347(1) of the Criminal Act, which is subject to prosecution for a crime against a victim of kinship who does not live together pursuant to Articles 354 and 328(2) of the Criminal Act, which is subject to prosecution only upon the victim’s complaint.

According to the records, at the time of the crime of this case, the victim AX was aware of the O (the defendant and theO divorcedd on February 4, 2020) that was the legal spouse of the defendant at the time of the crime of this case, and the defendant was legally related by marriage within the fourth degree of relationship with the above victim (Article 777 subparagraph 2 of the Civil Code) and did not live together at the time of the crime of this case, and the victim did not file a complaint against the defendant as to the fraud of this case.

Therefore, since the facts charged in this part of the facts charged are deemed to have been prosecuted without a victim’s complaint, and the prosecution procedure becomes null and void in violation of the provisions of the law, the court below dismissed the prosecution pursuant to Article 327 subparag. 2 of the Criminal Procedure Act. However, the court below erred by misapprehending the legal principles on relative status, thereby finding the guilty of this part of the facts charged. Meanwhile, since the court below recognized this part of the facts charged and the remaining facts charged as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced one punishment, it cannot be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

【Grounds for the Judgment of the Court which has been written] Criminal facts and summary of evidence recognized by the Court, shall be the summary of the facts constituting the crime and evidence, and the list of offenses (Ⅰ) of the judgment of the court below which are conducted in the second and eighth.