All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

The defendant shall obtain money from the applicant for compensation.

1. The summary of the grounds for appeal: The punishment of the lower court (the first judgment: imprisonment with prison labor for 1 year and 6 months and the second judgment: imprisonment with prison labor for 6 months) is too unreasonable; and

2. Each appeal case against each judgment of the court below was joined in the court below's ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio. Each of the offenses committed by the defendant in each judgment of the court below constitutes concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be adjudicated concurrently in accordance with Article 38 of the Criminal Act and sentenced to a single punishment in the court below. In this regard, each judgment of the court below cannot be maintained.

3. The claimant filed a claim for compensation order against the defendant for 79,526,50 won and damages for delay against the defendant at the trial. However, the "direct physical damage", which is the object of compensation order under Article 25 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, refers to the value of the goods or profits illegally acquired in the crime of property, such as fraud, and it is difficult to see that the damages for delay in this case is a direct physical damage due to the crime, and therefore, the compensation order shall be issued only for the above fraudulent money of KRW 79,526,500.

4. As such, without examining the Defendant’s assertion of unfair sentencing, the lower court’s judgment is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the following is again determined through pleading, and the application for compensation order by the applicant for compensation is to accept it within the scope of recognition as above under Articles 25(1), 31(1), (2), and (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings

[C] Each judgment of the court below is based on the following facts: (a) the summary of the facts constituting an offense and the evidence admitted by this court and the summary of the evidence are all except that the phrase “before March 15, 2010” in Section 5 of the first and second written judgment is deemed to read “within April 6, 2010.”