A defendant shall be punished by imprisonment for one year.

The defendant shall pay 89,650,000 won to the applicant for compensation.

2. According to the records of judgment, it is recognized that the Defendant committed the instant crime even though he/she had been sentenced to suspended execution twice as a crime of fraud, and that the amount of damage to the instant crime exceeds KRW 11 billion.

② However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant repaid 1,1350,000 won out of the amount of damage to the victim and agreed with the victim; (c) the victim does not want to be punished; and (d) the details and means of the instant crime; and (e) the circumstances after the instant crime were committed, the sentence of the lower court is deemed unfair due to the absence of sentence.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is reversed, and it is so decided as follows.

[Judgment of the court below] The summary of criminal facts and evidence against the defendant is identical to that of each corresponding column of the court below's judgment. Thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Sentence of Provisional Execution;