사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
The applicant's compensation application is all filed.
1. Summary of grounds for appeal;
(a) Each sentence sentenced to the defendant 1, 2, or 3 (the first instance judgment: imprisonment with prison labor for one year and six months, the second instance judgment: imprisonment with prison labor for one year and six months, and the third instance: imprisonment with prison labor for four months) is too unreasonable.
(b)the sentence sentenced to the Defendant by the second instance judgment of the Prosecutor is too unhued and unreasonable;
2. Determination as to the application for compensation
(a) ApplicantO shall seek a compensation order of KRW 190,000,000;
However, the above applicant for compensation reached an agreement with the defendant upon receiving partial amount of damage from the defendant in the trial. Since the scope of the defendant's liability for compensation against the above applicant is not clear, the compensation order cannot be issued in the criminal procedure, the above applicant for compensation cannot be accepted.
(b) Applicant V seeks a compensation order of KRW 178,000,000.
However, according to the records of this case, the above applicant received money equivalent to the amount from the defendant, and the applicant received a loan from the BNK Capital (BNK Capital) and the defendant paid some of the money to the non-NNK Capital.
Therefore, since the scope of the defendant's liability for compensation against the above applicant is not clear, the compensation order cannot be issued in the criminal procedure, the above applicant's application for compensation cannot be accepted.
3. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor, the Defendant and the prosecutor (the second lower judgment) filed an appeal, respectively, after having sentenced the Defendant to each conviction on the grounds for appeal by their own authority, and after having sentenced the Defendant to each conviction on the grounds for appeal by the Defendant and the prosecutor, the lower court decided to jointly examine each of the above appeals cases.
However, each crime of the first, second, and third judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single punishment should be sentenced in accordance with Article 38(1) of the Criminal Act.
Therefore, each judgment of the court below against the defendant can no longer be maintained in this respect.