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The remaining parts of the judgment of the first instance, excluding the rejection of application for compensation order, and the second judgment.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (Article 1: 9 years of imprisonment with prison labor and one year of imprisonment with prison labor) by each of the Defendants is too unreasonable.
B. The Prosecutor’s Second Instance’s sentence is too unhued and unreasonable.
2. Each appeal case against the judgment of the court of first and second instances was consolidated in this court, and each of the offenses in the judgment of the court of first and second instances was concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, this court which simultaneously rendered the judgment should pronounce a sentence pursuant to Article 38(1) of the Criminal Act.
Therefore, among the judgment of the first instance, the remainder (the original court rejected the application for compensation order B, and the applicant for compensation cannot appeal the judgment dismissing the application for compensation order pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Therefore, the part dismissing the application for compensation order is excluded from the scope of the judgment of this court) and the second judgment cannot be maintained.
3. E, an applicant for compensation, which is a judgment on the application for a compensation order, filed in the appellate court an application for compensation order with the Defendant seeking payment of KRW 266,283,950, by defraudation.
Of the facts charged in the instant case, the part concerning E, an applicant for compensation, is found guilty, and the Defendant also recognized the fact that he/she acquired KRW 266,283,950 from E, an applicant for compensation.
Therefore, the defendant is obligated to pay KRW 266,283,950 to E who is an applicant for compensation.
4. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the remaining parts of the judgment of the court of first instance excluding the dismissed part of the application for compensation order among the judgment of the court of first instance and the judgment below excluding the dismissed part of the application for compensation order, and the court below renders a new judgment after pleading as follows. Since the application for compensation order of E, an applicant for compensation order filed in the appellate court, is well-grounded, Article 25(1)3 and 1, and