The judgment below

The part, other than the rejection of the application for compensation, shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. In light of the Defendant’s assertion of unfair sentencing, even though he was under investigation or judgment as a separate fraud, he committed the instant crime without any reflection, and only part of the victim C’s damage amount was repaid, and the remainder victims’ damage amount was not fully repaid, it should be considered in light of circumstances unfavorable to the Defendant, or equity with the case of judgment at the same time as the case of separate fraud under the latter part of Article 37 of the Criminal Act; the Defendant has no other criminal record except eight months of imprisonment due to the case of separate fraud; the Defendant has lost his hearing power; and the Defendant has a serious obstacle due to the loss of his hearing power; and the various sentencing conditions specified in the records and arguments of the instant case, such as the Defendant’s age, character and behavior, health, home environment, etc., the lower court’s punishment (one year of imprisonment) is somewhat inappropriate.

2. In conclusion, the part of the judgment below excluding the rejection part of the application for compensation among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the defendant's appeal is again decided as follows after pleading.

Criminal facts

The summary of facts and evidence acknowledged by this court is that the judgment of the court below was finalized on November 5, 2012, "the judgment was finalized on November 15, 2012," and "the summary of evidence" as stated in the judgment of the court below, except for adding "the report on the results of confirmation before and after disposition" to "the facts of crime" as stated in the judgment of the court below, and it is cited as it is in accordance with Article 369 of the Criminal Procedure Act, since it is identical to each corresponding column of the judgment of the court below.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and