The remainder of the judgment of the court of first instance and the judgment of the court of second instance except the compensation order shall be reversed.

Defendant .

1. Summary of grounds for appeal;

A. In relation to the judgment of the court of first instance, the defendant of mistake of facts committed a mistake of facts in the judgment of the court below that found the defendant guilty of each of the charges of this case on the ground that since T which was ordered to introduce the funeral company of Japan to the victim N andO, did not have employed victims due to his own death, and used the money actually received from the victim C in order to obtain the right to use the land owned by road works.

B. Each sentence of the lower judgment on unreasonable sentencing (the first instance judgment: imprisonment with prison labor for six months and imprisonment with prison labor for three months) is too unreasonable.

2. In light of the following: (a) the first and second judgment of the court below on the assertion of mistake of facts; and (b) the Defendant made confession of each crime of fraud from the investigative agency to the first and second court judgment; (c) there are no circumstances to suspect the voluntariness of the confession; and (d) there are no new circumstances to reverse it in the trial; and (e) there are no new circumstances to reverse it, the court below’s finding the Defendant guilty of each of the charges of this case based on the evidence at the time of the trial. The Defendant’s assertion of the grounds for appeal is without merit.

3. Ex officio determination

A. Each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act. Since the court below's consolidation of each case of the judgment below and then selected the same type of punishment for each crime, it is necessary to render a single sentence in accordance with Article 38 (1) of the Criminal Act for each of the above crimes. In this regard, the judgment of the court below cannot avoid

B. According to Article 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the victim may file an application for compensation with the court in which the case is pending before the closure of pleadings at the court of first instance or the court of second instance. The second instance court is the applicant for compensation