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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. The judgment of the court below is inappropriate in light of all the circumstances, including the defendant's age, character and behavior, environment, motive and means and result of the crime of this case, relationship with the victim, circumstance after the crime of this case, etc., which are conditions for the argument of this case and the sentencing indicated in the records, such as the fact that the defendant deceivings the victim as if he would arrange the employment of the victim and defrauds the 61 million won. However, the defendant recognizes and reflects all of his criminal acts, the defendant expresses his intention that the victim would no longer want to be punished by paying the 40 million won to the victim, the defendant in the trial would pay the 40 million won to the victim and expressed his intention that the victim would no longer want to be punished.

3. In a case where an appeal is filed against a conviction on the part of the judgment below regarding the compensation order, the confirmation of the compensation order shall be prevented, 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). Since an applicant for the judgment below applied for a change of the compensation amount to KRW 21 million on the ground that the applicant for the compensation has received repayment of KRW 40 million out of the amount of damage, the part of the compensation order in the judgment below shall also be reversed.

4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and evidence against the defendant recognized by the court is identical to each corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. The Criminal Act, the suspension of execution;