Of the judgment of the court below, the compensation order (including provisional execution order) with regard to the applicant D shall be excluded.

1. The summary of the grounds for appeal is too unreasonable that each sentence (two years of imprisonment with prison labor for the first instance court, and six months of imprisonment with prison labor for the second instance court) declared by the court below is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The Court held that each appeal case against the judgment of the court below was consolidated and tried, and each offense against the defendant at the time of the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of punishment aggravated by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

B. The first instance court ordered the payment of KRW 96,300,000 by citing all of the application for compensation order filed by the applicant C to the compensation order.

However, according to the records, since the defendant paid 5,00,000 won to the applicant C the principal of the above fraud after the judgment of the court of first instance, it is reasonable to issue a compensation order only for the remainder of 91,30,000 won except for this.

Therefore, among the 1st adjudication decision, the compensation order should be paid to the applicant C with the amount of KRW 91,300,000,000.

3. Accordingly, the judgment of the court below is reversed, without examining the defendant's improper assertion of sentencing, and pursuant to Article 364 (2) of the Criminal Procedure Act, the part of the judgment below which excludes the petitioner D's compensation order (including provisional execution order) for the first instance judgment from the judgment of the court below shall be reversed, and it shall be decided again as follows, after pleading.

[Re-written judgment (excluding the part concerning the application for remedy order in the judgment of the court of first instance at the beginning 3146 early 2015)] criminal facts and summary of evidence acknowledged by this court are as stated in each corresponding column of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;