The defendant case portion of the first judgment and the second judgment shall be reversed in entirety.

Defendant 20,000,000 won.

1. The summary of the grounds for appeal (in the case of the first judgment: imprisonment with prison labor for six months and the second judgment: imprisonment with prison labor for two months) of the lower court is too unreasonable.

2. Ex officio determination

A. The defendant's grounds for appeal are examined ex officio before the judgment is made.

The judgment of the court below was pronounced to the defendant in sequential, and the defendant filed each appeal against the judgment of the court below.

This Court decided to consolidate the above two appeals cases.

However, each of the offenses committed by the lower judgment guilty is concurrent crimes under the former part of Article 37 of the Criminal Act.

In this regard, one punishment should be sentenced in accordance with Article 38 (1) of the Criminal Act.

Therefore, the defendant case part of the first judgment and the second judgment cannot be maintained as they are.

B. When the defendant filed an appeal against a conviction, the compensation order is transferred to the appellate court along with the defendant's case pursuant to Article 33 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if there is no objection to the compensation order, so the part of the compensation order against the applicant for compensation among

However, it is judged that it is not clear whether or not the defendant is liable or not by paying all the money acquired by deceit to B, C, and D which is the victim in this court when the defendant has reached this court.

Therefore, among the judgment of the first instance court, the compensation order part against the applicant for compensation could not be maintained as it is.

3. The defendant's case and the second judgment among the judgment of the court of first instance are reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and since the part of the order for compensation against B, C, and D among the judgment of the court of first instance on the above grounds, it is revoked pursuant to Article 33 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and it is again decided after pleading as follows.