All of the judgment below of the court below which excludes the compensation order under Article 2.

Defendant shall be punished by imprisonment.

1. The summary of the grounds for appeal (in the case of the first instance judgment: 10 months of imprisonment; 6 months of imprisonment; 6 months of compensation order) that the lower judgment rendered by the lower court is too unreasonable.

2. The appeal case against the judgment below was consolidated in the judgment of the court of ex officio reversal following the consolidation, and each crime of the judgment below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

Therefore, without examining the Defendant’s assertion of unfair sentencing, the part of the lower judgment except for the order for compensation by the second instance among the lower judgment pursuant to Article 364(2) of the Criminal Procedure Act shall be reversed, and the following decision shall be rendered through pleadings.

[Judgment of the court below concerning the part other than the compensation order of the court of second instance among the original judgment] Criminal facts and summary of evidence acknowledged by this court is identical to the statement of each corresponding column of the court below's judgment, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347(1) and 347-2 of the Criminal Act (generally, the use of computer, etc. by fraud) and the choice of imprisonment for each type of crime;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act has the career of being punished several times in fraud, and the defendant committed some of the crimes of this case again during the suspended execution period for the same kind of crime. The court below acknowledged that some victims have remitted part of the amount of damage to the victims during the suspended execution period, but did not agree with the victims, and most victims have not yet been able to recover properly, and the sentencing conditions indicated in the records are comprehensively considered, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc.