The remainder of the compensation order, excluding the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

2. The crime of this case was committed in light of the following circumstances: (a) the Defendant committed the crime of this case under the fiduciary relationship with the victim who made the victim feel friendly, and by deceiving the victim to obtain money amounting to KRW 488 million by deceiving the victim, and was detained for about 40 days prior to release on bail; (b) the Defendant was detained for 40 days prior to his release on bail; (c) the Defendant was recognized as having committed the crime of this case; (d) the victim was fully aware of the damage by mutual consent with the victim; (d) the victim was recovered most; (e) there was no criminal record other than the fine; (e) there was no history of having been punished for the same crime; and (e) there was no other history of having been punished for the same crime; and (e) the Defendant’s age, environment, family relationship, occupation; and circumstances after the crime of this case, etc.

Therefore, the defendant's argument is justified.

3. Thus, the defendant's appeal is with merit, and the remaining part of the judgment below excluding the compensation order part among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (the grounds for reversal in the first sentence);