The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

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

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy.

2. Where several acts falling under the name of the same crime as the judgment ex officio continue to be conducted for a single and continuous period under the criminal intent of a single and continuous criminal intent and the benefit and protection of the law from such damage is identical, each of these acts shall be punished by a single comprehensive crime (see Supreme Court Decision 96Do417, Apr. 23, 1996, etc.). According to the evidence duly adopted and investigated by the court below, the crime of this case is deemed to have a lack of the defendant's business funds.

In addition, it seems that the victim obtained money four times between about two months by borrowing money and obtained money, and the victim is the same and the means and method of the crime, and the circumstances of the crime are the same, and it appears that it is due to the realization of a single criminal intent.

Therefore, each of the crimes of this case is related to a single crime.

In light of the above legal principles, the court below erred by misapprehending the legal principles as to the number of crimes, which affected the conclusion of the judgment, and in this respect, the judgment of the court below cannot be maintained any further.

3. Therefore, the judgment of the court below is reversed, and the part of the court below's judgment excluding the compensation order among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act is reversed without examining the defendant's unfair argument of sentencing, and the following decision is delivered through pleadings.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, but the reason for sentencing of Article 39(1).