The judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment.

1. The punishment of each of the court below against the defendant in the summary of the grounds for appeal (for the first instance judgment, 8 months of imprisonment, and 2 years of suspended sentence: imprisonment with prison labor for the six months) is too heavy.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below that the defendant filed an appeal was consolidated and examined in the court of appeal. Each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed. As such, the part of the judgment of the court of first instance except the compensation order and the judgment of the court of second instance cannot be maintained any more.

3. As such, the part of the judgment of the court of first instance excluding the compensation order and the part of the judgment of the court of second instance excluding the above order for compensation ; therefore, without examining the Defendant’s assertion of unfair sentencing, the part of the judgment of the court of first instance excluding the compensation order and the judgment of the court of second instance excluding the order for compensation excluding the order for compensation

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as stated in each corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the same Act concerning the selection of punishment;

1. Reasons for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment specified in a crime of fraud against victim B with heavier penalty)

1. Sentencing (Determination of type) No person who has any provision of less than KRW 100 million (a person who is specially punished) shall be punished by imprisonment with prison labor for less than six months from six months to one year and six months (basic area);

2. Although the Defendant received money from the victim B to KRW 83 million, the Defendant deposit only KRW 11 million after the lapse of six years from the date of the crime, and thereafter, did not pay additional damages until now.