2. The court below's judgment's reasoning is without merit, in full view of all other matters concerning the sentencing specified in the records and arguments of this case, including the following facts: although the defendant was the first offender, the defendant deposited a total of KRW 2.8 million with the victim C, it is recognized that the amount of damage of this case (the sum of KRW 98.5 million), most of damage is not recovered, the victims want to punish the defendant, the victims are not guilty, the crime of this case is not good as borrowed fraud, there is no change of circumstances that can be considered in the trial, and other matters concerning the punishment specified in the records and arguments of this case, including the background of the crime of this case, the age, character and conduct of the defendant, the character and conduct, the environment, and the circumstances after the crime.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

However, it is clear that the scope of liability for compensation under Article 32(1)3 and (2), Article 25(3)3 and 4 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings is not clear, and that it is improper to issue an order for compensation in criminal proceedings is omitted due to mistake. Thus, it is corrected to add it ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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