The judgment below

The part of the defendant's case shall be reversed.

Defendant shall be punished by imprisonment for seven years and ten months and by a fine of two million won.

1. The lower court partially accepted the application for compensation by the applicant for compensation.

Where an appeal is filed against a conviction, the part accepting an application for compensation by the court below is not final and conclusive, and the part also is transferred to the appellate court together with the accused case, even though there is no objection to the order for compensation.

However, while filing an appeal against the lower judgment, the Defendant did not assert any grounds for appeal regarding the cited portion of the compensation order, and there is no reason to revoke or revise it ex officio. Therefore, the cited portion of the compensation order in the lower judgment should be maintained as it is.

2. Summary of grounds for appeal;

A. misunderstanding of facts 1) 2019Kadan797 case A) 6 million won as stated in No. 1 year No. 2 of the crime sight list 1 as indicated in the judgment of the court below, and the defendant did not have acquired it by deception.

B) In the case of a passenger car listed in No. 2, No. 4, 200,000 won in the crime day list 2,000 won in the judgment of the court below, the defendant received the above passenger car from the victim B, but the victim sold the above passenger car to the capital company with a trade name at around June and July 2018 and acquired the purchase price. 2) The crime day list (the 13th of the judgment of the court below) No. 2019Da1406 in the judgment of the court below in the case of the crime day list (the 13th of the judgment of the court below) No. 200,000 won out of 20,000 won, 3 million won out of the damage amount stated in No. 4,000 won in the year, and the defendant acquired the above total amount of KRW 8 million.

3) The Defendant did not commit any crime other than those described in the crime sight table (as indicated in the judgment below, No. 14-21) No. 87, 88, 89, 91, 93, 94, 105, 106, 109 through 114, 116, 117, 121, 122, 134, 140, 142, 142, 143, 146, 150, 151, and 162.

B) The amount of damage set forth in KRW 12 million per year and the amount of damage set forth in KRW 13.5 million per year, out of the amount of damage set forth in the same crime sight table No. 61, and KRW 137,000, should be excluded from the amount of defraudation by the accused. (b) The lower court’s sentence of unfair sentencing (one year of imprisonment and two million won of fine) is too unreasonable.

3. Determination

A. An ex officio determination prosecutor shall be at the trial.