We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall obtain money by deceit from L who is an applicant for compensation.

1. The punishment sentenced to the accused (eight months of imprisonment with prison labor for the first instance court and ten months of imprisonment with prison labor for the second instance) of the summary of the grounds for appeal is too unreasonable;

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

Each court below sentenced the defendant to imprisonment with prison labor as above after completing a separate hearing on the defendant.

The defendant filed an appeal against the above two judgment of the court below, and this court decided to hold a joint hearing of the two cases appealed.

However, each crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single punishment should be sentenced at the same time pursuant to Article 38 (1) of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. Judgment as to the application for compensation at the trial of the court

A. According to the facts constituting the crime of L/D as stated in the judgment below, the defendant suffered each damage of KRW 4.9 million to L who is an applicant for compensation and KRW 31.5 million to D.

B. The scope of liability for compensation is not clear, or it is not reasonable to issue an order for compensation in criminal proceedings.

4. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows through the pleading.

Meanwhile, since L and D, an applicant for compensation, among applicants for compensation order filed in the trial at the trial, is justifiable, each application for compensation is ordered pursuant to Articles 25(1)1 and 31(1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the above order for compensation shall be issued to the defendant, and a provisional execution shall be declared in accordance with Article 31(3) of the same Act, and the application for compensation of Z, which is the applicant for compensation, shall be governed by Article 32(1)