A defendant shall be punished by imprisonment for two years.

An application for compensation by an applicant for compensation shall be dismissed.

2. We examine both the defendant and prosecutor’s assertion of unreasonable sentencing.

The crime of this case is deemed to belong to the vessel supplies and received investment funds from a large number of victims, and the size of the fraud amount exceeds 1.3 billion won in total, and the sum of the amount received through the act of fund-raising without delay exceeds 3.9 billion won, and most of the victims of the fraud actually suffered damage exceeding 100 million won, but no recovery of damage has yet to be made yet, and the defendant continues to commit each of the crimes of this case even after the suspended execution judgment has become final and conclusive, etc., which are disadvantageous to the defendant.

However, in light of the favorable circumstances, such as the fact that the defendant was aware of the crime of this case and the fact that the above victim did not want the punishment of the defendant (However, it does not seem that the damage has been actually recovered), the victim is merely a part of the actual damage out of the amount obtained by deception of the fraud crime, and some victims seem to have not actually suffered monetary damage, and other favorable conditions, such as the defendant's age, character, character, environment, motive and circumstance of the crime, means and consequence, and all of the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

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 following decision is delivered after pleading

The prosecutor's assertion of unfair sentencing is without merit, but the defendant's appeal.