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

Defendant shall be punished by imprisonment.

2. The court below's punishment is unfair in light of the circumstances, such as the fact that the amount of damage caused by the instant crime of fraud and embezzlement is large, and most damage to the victim C is not recovered, but the defendant is trying to recover damage by recognizing his mistake while the defendant is trying to recover damage, in the trial of the party, the victim was not willing to be punished, the defendant used the amount equivalent to KRW 16 million as the actual construction cost for the victim C, and the defendant did not have any criminal record exceeding the previous or fine. In addition, considering the circumstances leading up to the instant crime, circumstances after the commission of the crime, the defendant's age, character and conduct, and environment, the court below's punishment is deemed unfair, and the defendant's argument is reasonable.

3. Thus, the defendant's appeal is with merit, and the remaining part of the judgment below excluding the rejection of the application for compensation order among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows

Criminal facts

The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act, Article 347(1) of the Criminal Act, and the choice of imprisonment for a crime;

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