The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

In each of the crimes of fraud against the defendant P and Q.

1. The gist of the grounds for appeal is that of the lower court’s punishment (three years and six months of imprisonment) too unreasonable.

2. According to the records of ex officio determination, it is recognized that the defendant was sentenced to two years of suspended execution in June of imprisonment without prison labor for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Seoul Western District Court on February 1, 2018, and the judgment became final and conclusive on February 9, 2018.

As above, each crime committed before the judgment becomes final and conclusive and each crime of fraud (excluding each crime of fraud against P and Q) committed before the judgment becomes final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment should be imposed at the same time in consideration of equity and equity pursuant to Article 39(1) of the Criminal Act, and a separate punishment shall be imposed for each crime committed after the judgment becomes final and conclusive. Therefore, the judgment of the court below has become no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows, on the ground of the above ex officio reversal.

[Reason] The summary of the facts constituting a crime and evidence admitted by this court is added to the facts constituting a crime of the judgment of the court below and the summary of the evidence. The defendant added "the defendant was sentenced to two years of suspension of execution on February 9, 2018 at the Seoul Western District Court on February 1, 2018 due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury)" to "the judgment became final and conclusive on February 9, 2018" to the summary of the evidence of the judgment of the court below, and except for addition of "the previous conviction (Seoul Western District Court 2017 High Court 2017 High Court 3069)" to "the facts constituting a crime and the summary of evidence

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. Violation of the latter part of Article 37 and Article 39(1) of the Criminal Act on the Handling of Concurrent Crimes (the crime of bodily injury and the victim P.