The part of the defendant's case is reversed, and the compensation order is revoked.

Provided, That an application for compensation shall be dismissed.

2. The fact that the amount of fraud is not indicated as KRW 66.5 million is an unfavorable reason for sentencing. The fact that the court paid KRW 17 million in the trial and agreed with the victim, the confession of the crime is against the victim, and the primary fact is the favorable reason for sentencing.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters regarding the sentencing indicated in the records and arguments in this case, the sentence of the lower judgment is deemed unreasonable, and thus, the Defendant’s assertion is with merit.

3. In conclusion, since the appeal by the defendant against the part of the judgment below against the defendant's case is well-grounded, it shall be reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and since the part of the judgment below (excluding the part of rejection of the application for compensation order) among the compensation order under Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings has a ground

Criminal facts

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

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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