We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than eight months.

The applicant for compensation at the first instance court.

1. The punishment of each court below (one year, and two months, imprisonment with labor for the second instance) on the summary of the grounds for appeal is too unreasonable;

2. The Defendant filed an appeal against the judgment of the first and second lower courts, and this court decided to hold the above cases together for a new trial.

However, each crime of the first and second original judgments is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be sentenced at the same time. Therefore, the part of the defendant's case and the second original judgment cannot be maintained as they are.

On the other hand, since the defendant paid 240,000 won to B, and 400,000 won to C, the defendant's liability such as the purpose of applying for compensation order does not exist any more.

Therefore, among the judgment of the first instance court, the compensation order part can not be maintained.

3. The judgment of the court below on the ground of the above ex officio reversal is without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed under Article 364 (2) of the Criminal Procedure Act, and the following is again decided through pleading.

【Reasons for the Judgment of the Court which has been written] The facts constituting the crime and the summary of the evidence recognized by the court and the summary of the evidence are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Reasons for sentencing under Article 32 (1) 2 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders and the Promotion, etc. of Lawsuit;

1. The sentencing guidelines [the range of recommendations] general fraud types 1 (less than 100 million won) and the aggravated area (1-2-2-6 months) (1-2-year and 6-months) (a person under special circumstances) of unspecified persons or multiple victims, or committing a crime repeatedly over a considerable period of time.