All part of the judgment of the court below concerning each defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

1. In a case where an appeal against a judgment of conviction in the scope of inquiry of this Court is filed, the confirmation of a compensation order is prevented even without an objection to the compensation order, and the compensation order is transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit). Article 1-B- and the second instance court accepted the application of the applicant for compensation applicant B- and the second instance court accepted the application of the applicant for compensation, and the defendant did not assert any grounds for appeal against this part, and even if ex officio examination is conducted, it cannot find any grounds for revocation or alteration, and thus, the part accepting

2. Summary of grounds for appeal;

A. In fact, the Defendant attempted to conclude a supply contract with X company, which is a multi-level distributor in China. On March 10, 2017, the Defendant concluded a supply and marketing contract with the victim and received KRW 30 million from the victim, and then requested AG to mediate the supply contract with X company.

However, the defendant failed to comply with the agreement with the victim on the wind that will cease to exist after the follow-up circumstances, such as warehouse fire, etc., in which the AG's ability and the Makes purchased by the defendant are kept

Therefore, the defendant did not have the intention of fraud.

B. Each sentence of unfair sentencing (the first instance court: imprisonment with prison labor for three years and imprisonment for two months) of the lower court is too unreasonable.

3. Determination

A. The Defendant filed each appeal against the judgment of the court below, and this court decided to hold a joint hearing of each appeal case.

Since each crime of the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, the judgment of the court below is no longer maintained.

However, even if there are reasons for ex officio destruction in the judgment below, the defendant's assertion of mistake is still subject to the judgment of this court.