Of the judgment of the first instance, the part of the case of the defendant, the part of the judgment of the second instance, and the third and fourth original judgment shall be reversed.

1. Scope of the judgment of this court;

A. The first instance court found the Defendant guilty of the facts charged, and found the Defendant guilty of the part of the application for compensation order filed by M andO and the application for compensation order filed by T. Compensation applicant, respectively.

However, according to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation fails to file an appeal against a judgment dismissing the application for compensation order. Therefore, the rejection part of the above application for compensation order

Therefore, the rejection of an application for compensation order among the original judgment of the first instance is excluded from the scope of adjudication of this court.

B. The second instance court found the Defendant guilty of each fraud, dismissed the prosecution against intimidation, and appealed only the prosecutor appealed against the guilty portion. Thus, the dismissal of prosecution in the second instance judgment is separated and finalized and excluded from the scope of the trial of this court.

The defendant filed a petition of appeal on November 12, 2019 after seven days from October 30, 2019, which was sentenced to the second judgment, and the appeal was dismissed pursuant to Article 360(1) of the Criminal Procedure Act.

2. Summary of grounds for appeal;

A. Each sentence of the original judgment of Defendants 1, 3 and 4 (one year of imprisonment with prison labor, and six months of imprisonment with prison labor and two months of imprisonment with prison labor) is too unreasonable.

B. The Prosecutor’s second original judgment (one month of imprisonment) is too unhued and unfair.

3. Ex officio determination

A. Each original court rendered a judgment of imprisonment with prison labor as above after completing the hearing against the Defendant.

As to the first, third, and fourth original judgment, the prosecutor appealed against the guilty part of the second original judgment, and this court decided to consolidate the appealed case and examine it.

However, each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence shall be sentenced pursuant to Article 38 (1) of the Criminal Act, so the judgment of the court below cannot be maintained.