The remaining part of the judgment of the court below, excluding the part of the dismissal of the crime of fraud and compensation order in Article 3.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s respective punishment (in the judgment of the first instance: imprisonment with prison labor for eight months for fraud as indicated in the judgment of the lower court; imprisonment with prison labor for two years and six months for the remainder of fraud as indicated in the judgment of the second instance; imprisonment with prison labor for eight months) is too heavy.

2. The Defendant filed an appeal against the judgment of the court below in entirety, and the court decided to consolidate the above appeal cases.

Of the judgment of the first instance court against the defendant, the remaining types of frauds in the judgment of the court below with the exception of the 3 frauds in the judgment of the court below, and the 2nd judgment of the judgment of the court below, shall be deemed concurrent crimes in the former part of Article 37

Therefore, the above part of the judgment below cannot be maintained any longer.

3. Determination of the unfair argument of sentencing (as to the crime of fraud No. 3 of the judgment of the court below of first instance), the defendant recognized this part of the crime.

However, even though the amount of damage caused by the above crime was not significant, the damage was not recovered, and the victim M also want to be punished for the defendant.

In addition, the lower court’s sentencing judgment exceeded the reasonable bounds of discretion, in full view of the following: (a) the Defendant’s age character and character environment; (b) the motive and means of commission of the crime; and (c) the circumstances after the crime.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

4. In conclusion, the part of the judgment of the court below regarding dismissal of compensation order among the judgment of the court below of first instance, and the part concerning the dismissal of compensation order among the judgment of the court below, and the part concerning the dismissal of compensation order among the judgment of the court below of first instance under Article 364 (2) of the Criminal Procedure Act, and the part concerning fraud of Article 364 (3) of the judgment of the court below, are excluded.