The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be punished by imprisonment for two years.

2. The total amount of the instant fraud is a large amount of KRW 424 million, and the fact that the damage has not been recovered is disadvantageous.

The fact that the defendant shows his attitude of pening and reflecting his mistake, that the defendant has agreed with the victim in the first instance, and that the defendant has no record of punishment for the same kind of crime is favorable.

In full view of all the circumstances that are the conditions for the sentencing of the instant case as seen above and the instant argument, the sentence imposed by the lower court is too unreasonable.

3. 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, and the judgment below is again ruled after pleading as follows.

[Judgment of the court below as to the remainder of the court below's rejection of the application for compensation order] Criminal facts and summary of evidence acknowledged by this court and summary of evidence are the same as stated in each corresponding column of the court below's judgment, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;