The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for one year.

The court below partly accepted B’s application for compensation, accepted C’s application for compensation, and rejected D’s application for compensation.

An applicant for compensation cannot file an objection against the judgment dismissing an application for compensation or accepting a part thereof (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). Of the judgment below, part of the above compensation order shall be excluded from the scope of adjudication of this court.

In addition, in cases where an appeal against a conviction is filed, the confirmation of a compensation order shall be interrupted, and the compensation order shall be 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), but the accused did not assert any grounds for appeal against this part, and even if examined ex officio, the grounds for revocation or alteration cannot be found. Therefore, the part which cited the entire compensation order among the judgment of the court below shall be maintained as it is.

Summary of Grounds for Appeal

The punishment of the court below (one year and six months of imprisonment) is too unreasonable.

Before the judgment on the grounds for appeal for ex officio determination, the records of this case are examined as follows. The defendant was sentenced on October 16, 2019 to imprisonment with prison labor for not more than one year and six months for fraud, etc. in the Yongsan District Court Goyang branch on March 16, 2019, and the judgment became final and conclusive on June 1, 2020.

Since the crime of the judgment of the court below and the crime of fraud against which judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment for the crime of the judgment of the court below shall be imposed in consideration of equity in the case where the judgment is rendered simultaneously pursuant to Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below is based on the above reasons for ex officio reversal, without examining the defendant's assertion of unfair sentencing.