사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
The defendant shall obtain money from the applicant for compensation.
1. The sentencing of each of the lower courts (the first instance court’s imprisonment: August; the second instance court’s imprisonment with prison labor; the second instance court’s imprisonment with prison labor) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the appeal case against the judgment below was consolidated. Each of the crimes in the judgment of the court below against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment, which increased concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all of its reversal.
3. Since the charge of fraud against the Defendant’s applicant for compensation is found guilty as to the determination on the application for compensation order, pursuant to Article 25(1) and (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the Defendant shall pay KRW 37,950,000, excluding KRW 6,900,000, which the Defendant asserts that he/she had repaid the remainder of the amount which was found guilty as to the applicant for compensation, less the amount already returned, out of the amount which the Defendant had already returned, pursuant to Article 25(1) and (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc.
The applicant for compensation also sought payment of KRW 6,900,00, but the defendant argued that the payment of the above money was made by the defrauded as above, while the applicant for compensation did not recognize it and thus this part of the application by the applicant for compensation is not accepted as it is unclear in the scope of the defendant's liability for damages). 4. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment of the court below is all reversed in accordance with Article 364 (2) of the Criminal Procedure Act without proceeding to decide on the grounds for appeal by the defendant, and the application by the applicant for compensation is accepted within the scope of the above recognition pursuant to Article 31 (1) and (2) of the Act on Special Cases Concerning the Promotion,
In other words,