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

The defendant shall be sentenced to six months of imprisonment.

Therefore, pursuant to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation cannot file an objection against the judgment dismissing an application for compensation. Thus, the case for which an application for compensation is filed is immediately determined and the rejection of the above application for compensation is excluded from the scope of adjudication of this

2. The sentence of the lower court (the imprisonment of six months, the suspension of execution of two years, and the community service order of 120 hours) is too unreasonable.

3. The judgment is a favorable circumstance where the Defendant, through the long trust relationship with the victim who made a sexual appearance, acquired a considerable amount of money and acquired through deception, thereby not being able to punish the victim due to unfavorable circumstances or the fact that the Defendant does not want such punishment by mutual consent with the victim, and that the Defendant’s health is not good due to surgery on the part

In addition, considering the overall sentencing conditions shown in the records and arguments of this case, the lower court’s punishment is somewhat inappropriate, and thus, the Defendant’s assertion is with merit.

4. As such, the defendant's appeal is reasonable, and the part of the judgment below excluding the rejection of an application for compensation order among the court below's decision pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is decided again after pleading as follows.

Criminal facts

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

Application of Statutes

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (less than KRW 100 million) shall be the mitigation area (one month-one year-one year).