The part of the judgment of the court below excluding each compensation order shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. In a case where an appeal against a judgment of conviction in the scope of a trial by this Court is filed, the compensation order is transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and the part which accepted an application for compensation by an applicant for compensation by the first and second court was not finalized by the accused’s appeal and it was transferred to the

However, the defendant did not claim any specific grounds for appeal concerning the cited part of the order of compensation in the first and second original judgment, and the grounds for revocation or alteration of the cited part of the order of compensation in the first and second original judgment cannot be found ex officio. Thus, it shall be maintained as it is.

2. Summary of grounds for appeal;

A. Defendant 1) In relation to the crime of fraud on June 9, 2015 of the judgment of the court of the first instance on the erroneous determination of facts, although the money that the Defendant acquired from the victim B is limited to KRW 40 million, the court below recognized that the Defendant acquired KRW 80 million from the above victim and acquired it by deception, there is an error of law that affected the conclusion of the judgment by misunderstanding the facts in the judgment of the court of first instance. 2) Each punishment of the court of first instance (the court of first instance: 1.2., 2., 6 months of imprisonment) by the court of second instance against the Defendant is too unreasonable.

B. The sentence imposed by the court below of the second instance on the defendant is too unhued and unreasonable.

3. Determination

A. We examine ex officio the grounds for appeal for ex officio determination prior to the determination of the grounds for appeal.

The judgment of the court below in the first and second instances against the defendant was rendered, and the defendant filed each appeal against the judgment of the court below in the second and the second instances, and this court decided to hold the above two appeals together for a trial.

However, since each crime of the judgment of the court below in the first and second judgment against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, one punishment shall be sentenced within the scope of punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act, so the judgment of the court below cannot be maintained as it is

However, as above.