The part of the judgment of the court of first instance excluding the compensation order part and the judgment of the court below 2 and 3 shall be reversed.

Defendant .

1. The summary of the grounds for appeal is too unreasonable that each sentence (No. 1: imprisonment of 3 years and 6 months, 2 months: imprisonment of 4 months and 3 months: imprisonment of 8 months) declared by the original court is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal by the defendant's ex officio, the facts constituting each of the crimes listed in the judgment of the court below in the second instance are obtained by deceiving 80,000 won and 1.3 million won from the victim of early September 2012. The defendant, as stated in the first head record in the judgment of the court below, was sentenced on January 8, 2009 by the Daegu District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and was released on May 1, 2009 during the execution of the sentence and released on May 1, 209.

6.1. The parole period has expired. According to the judgment of the court below, each crime of the defendant's second instance constitutes a crime after three years have passed since he was sentenced to imprisonment without prison labor or heavier punishment and the execution thereof was completed or exempted, and thus, the second court below applied the repeated crime provision under Article 35 of the Criminal Act in determining the punishment against the defendant, and as long as each crime of the judgment of the court below is in a concurrent crime under the former part of Article 37 of the Criminal Act, it should be sentenced simultaneously to a single punishment. In this regard, since the part of the judgment of the court below excluding the compensation order part of the judgment of the court below of the first instance, and the second and third judgment of the court below cannot be maintained any more.

B. Since the accused's charges of fraud against W as to the applicant for compensation order are found guilty, the applicant for compensation order seeking compensation order of KRW 135,000,000, which remains after subtracting the amount already repaid out of the amount obtained by defraudation of the above facts charged, is well-grounded.

3. In conclusion, the part of the judgment of the court of first instance excluding the compensation order, and the judgment of the court of second instance and the judgment of the court of third instance as above.