A defendant shall be punished by imprisonment for two years.

The defendant shall obtain money from the applicant for compensation 95,500.

2. The instant crime was committed by using the victim’s trust, and it is not good that the Defendant uses most of the money received for gambling after the Defendant obtained a large amount of money from a large number of victims in a short term.

Among the victims, they did not agree except P and L, and the total amount of damages of the victims who did not agree reaches approximately KRW 300 million.

However, the defendant does not have the ability to punish for the same crime, and recognizes and reflects the crime of this case.

In the trial, the defendant agreed with the victim P and L to agree with the victim P and others.

In addition, in full view of all the sentencing conditions in the instant case, including the character, conduct, environment, family relationship, circumstances and result of the crime, etc. of the defendant, the punishment sentenced by the court below is deemed to be too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Reasons for Judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369

Application of Statutes

1. Relevant Article 355(1) of the Criminal Act, Articles 355(1) and 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;

1. Article 25 (1) 1, and Articles 31 (1) and (2) of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;

1. On the grounds as examined in the part of the judgment on unreasonable sentencing prior to the grounds for sentencing under Article 31(3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings on Provisional Execution.