The judgment below

The guilty part (excluding the part of a compensation order) shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. The lower court’s judgment that partially acquitted the Defendant in light of the Defendant’s financial status of mistake of facts (not guilty part), the relationship with the relevant additional crimes committed by the Defendant before and after the instant crime, the details of the crime, the statement by the victim, and the details of account transactions corresponding thereto, but there is an error of misunderstanding of facts in so determining. 2) The lower court’s sentence of unfair sentencing (two years and six months of imprisonment) is too uneasible and unfair.

B. The Defendant’s defense counsel (unfairly unfair) asserted only unfair sentencing in the statement of grounds of appeal dated June 17, 2020, and argued to the purport of mistake of facts as to part of the facts charged in this case on the date of the first trial of the court of first instance. The Defendant’s aforementioned reversed argument is raised after the period for submitting the statement of grounds of appeal expires, and thus does not constitute legitimate

However, the above argument can be understood to urge the court to exercise its authority under Article 364(2) of the Criminal Procedure Act, so it will be examined as follows.

The punishment sentenced by the court below is too unreasonable.

2. The lower court rejected the application for compensation order B, the applicant for compensation.

An applicant for compensation cannot file an objection against a judgment that dismissed an application for compensation order pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, so the case of applying for compensation order was immediately finalized.

Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of this court.

3. The court of appeals for ex officio judgments may decide ex officio on any grounds that affect the judgment, even if such grounds are not included in the grounds of appeal.

(Article 364(2) of the Criminal Procedure Act). Prior to the judgment on the grounds of appeal by the defendant and the prosecutor, the court below ex officio examines the fraud of the victim G.

(a) this part;