The judgment of the court of first instance and the judgment of the court of second instance (excluding the dismissal of an application for compensation) are all reversed, and the applicant for compensation.

1. The second instance court rejected the application for remedy order filed by the BJ, which is the applicant for compensation. Since the applicant cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the part dismissing the application for compensation order was immediately finalized.

Therefore, among the judgment of the court of second instance, the rejection of the above compensation order is excluded from the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. There is no fact that the Defendant committed each fraud, such as the statement in this part of the facts charged, as in the facts charged.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in misconception of facts.

B. The sentence imposed by each court below on the defendant (No. 1: imprisonment of 2 years and 6 months, and imprisonment of 2 months and 6 months) is too unreasonable.

3. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.

A. According to the consolidated proceedings, the first and second judgment of the court below were rendered, and the defendant appealed against each of the above judgment of the court below, and the court decided to concurrently examine the appeal case.

Therefore, each crime of the judgment of the court of first and second instance sentenced to the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. In this respect, the judgment of the court of first and second instances cannot be maintained in all.

B. The compensation order pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Ex officio Revocation Grounds for the Compensation Order by the court below is a system that seeks to seek the recovery of damage to a victim simply and promptly by ordering the compensation to the defendant only when the amount of damage suffered by the victim of the criminal act is specified and the scope of the defendant's compensation liability is evident. Article 25(3)3 of the same Act shall apply.