All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

but 2 years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (6 months of imprisonment with prison labor of the first instance court, 4 months of imprisonment with prison labor of the second instance) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The defendant filed an appeal against the judgment of the court below and examined two appeals cases jointly by this court, and the judgment of the court below against the defendant should be sentenced to one punishment pursuant to Article 38 (1) 2 of the Criminal Act in relation to each of the concurrent offenses under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. As to the judgment on the part of the judgment of the court below regarding the compensation order, the court below ordered the applicant B to take money of KRW 350,00,00 by fraud, KRW 6,477,00 to the applicant C, and KRW 6,90,000 to the applicant T. However, according to the records of this case, the court below acknowledged that the defendant paid all the above money to the above applicant for the compensation and submitted a written agreement of the above applicant for the compensation, since the existence or scope of the defendant's compensation liability is unclear, it constitutes a case where the compensation order cannot be issued because it is not clear (see Supreme Court Decision 2013Do1477, Jan. 29, 2014, etc.).

4. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the following is determined through pleadings. The part of the compensation order is revoked in accordance with Articles 33(4), 32(1)3, and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit, etc., and the above application for compensation order is dismissed.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.