A defendant shall be punished by imprisonment for not more than ten months.

An application for compensation by an applicant for compensation shall be dismissed.

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. As to the part of the defendant's case, the crime of Bosing fraud is a planned and organized crime against many and unspecified persons, and it is highly necessary to punish the whole society with great harm.

In particular, the defendant presented the documents under the name of the Financial Services Commission as he is an employee of the Financial Supervisory Service, and acquired 20 million won from the victim, and the amount of fraud is not much specified.

However, the Defendant recognized all of the instant crimes, and is against the wrongness, and there is no criminal record.

In addition, the defendant does not want the punishment against the defendant by mutual consent with the victim when the defendant is in a trial.

Considering such circumstances comprehensively taking account of the sentencing factors as the Defendant’s age, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime, the sentence imposed by the lower court is somewhat unreasonable.

Therefore, the defendant's assertion is with merit and prosecutor's argument is without merit.

B. According to the record as to the compensation order part, since the applicant for compensation can know the fact that he/she agreed with the defendant after the decision of the court below, it constitutes a case where whether the applicant for compensation is liable for compensation or its scope is unclear and thus it is not possible to issue

3. Accordingly, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is reversed, and the part of the compensation order against the applicant for compensation is reversed and the applicant for compensation is applied for pursuant to Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of