The judgment below

Of them, the part concerning the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for six months.

The defendant shall be tried against him.

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in light of the fact that the defendant recognized the instant crime and reflected, etc. (the long-term imprisonment of eight months and the short-term imprisonment of six months) imposed by the lower court.

2. BH’s judgment on the grounds for appeal by the Defendant’s ex officio prior to the judgment on the grounds for appeal by the lower court, and the Defendant was sentenced to an illegal term of imprisonment by falling under “juvenile” as provided by Article 2 of the Juvenile Act at the time of the judgment of the lower court, but it is apparent that the Defendant was a juvenile under the age of 19 and was no longer convicted. As such, the part concerning the Defendant’s case in the judgment of the lower court that sentenced the Defendant to an illegal term of imprisonment was no longer maintained.

3. The applicant for the compensation order at the trial against the application for the compensation order at the trial was filed with the amount of KRW 400,000 for the applicant for the compensation order at the trial, and KRW 350,000 for the applicant for the compensation order at the time of each defendant's fraudulent act. According to the records and evidence, the defendant is found to have acquired each of the above amounts from the applicant for compensation at the trial, and the defendant is obligated to pay each of the above amounts by fraud to the applicant for compensation at the trial.

4. In conclusion, since the part of the judgment of the court below concerning the defendant's case is reversed ex officio, it is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided after pleading as follows. Since each of the applicants for compensation for the trial is well-grounded, each of them is accepted pursuant to Articles 25 (1), 31 (1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and the above compensation order can be provisionally executed pursuant to Article 31 (3) of the same Act. It is so decided as per Disposition.

[Reasons for the new judgment as to the part of the defendant's case] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in the corresponding column of the judgment below. Thus, Criminal Procedure Act is applicable.