Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for two years.

Seized No. 1.

2. The Defendant’s participation in the Defendant’s collection and delivery obligation is a crime committed in an organized, planned and intelligent manner against many unspecified victims by sharing the role of a large number of people. In most cases, the crime is considerably poor, and a complete recovery of damage is not made even in the short term to an unspecified number of unspecified victims. It is a serious social crime that has significant social harm, such as seriously damaging the trust of the parties to the financial institution and other trading partners of the general members as well as the victims. The Defendant’s age, social relationship, career environment, etc., and the reasons indicated in the argument and the record of the instant case, including the fact that the amount obtained by the Defendant was a total of KRW 141 million, but the damage was not recovered at all, are considered as unfair, and the lower court’s punishment appears to be unfair. Accordingly, the prosecutor’s assertion on unfair sentencing is with merit, and the Defendant’s assertion on this is without merit.

3. If so, the prosecutor's appeal is with merit. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below excluding the compensation order is reversed, and it is again decided as follows after pleading.

(3) Article 369 of the Criminal Procedure Act provides that “In cases where an appeal by a prosecutor is accepted and the original judgment is reversed, the appeal by a defendant shall not be dismissed separately from the original judgment).”

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;