A defendant shall be punished by imprisonment for not less than two years and six months.

The application for compensation order of this case shall be dismissed.

2. The judgment of the court below seems to be somewhat unreasonable in light of the following: (a) the defendant was seriously punished when comprehensively taking into account the fact that he/she acquired a large amount of money which amounts to KRW 390,000,00 from the victim with a high interest, thereby making most of the above money by means of stock and futures investment; (b) delayed investigation by leaving the Republic of Korea abroad during the investigation; (c) delayed investigation by leaving the Republic of Korea; and (d) the victim still did not have any history of having been punished by imprisonment without prison labor or more; (b) the defendant has no history of being punished; and (c) he/she has paid part of the money to the victim as a profit; and (d) other conditions of sentencing as indicated in the records, such as the

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column 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 comprehensively including relevant Articles of the Criminal Act and the choice of punishment. Article 347 (1) of the Criminal Act;

1. Article 32 (1) and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (the scope of liability for compensation is deemed unclear, and the application for compensation is dismissed);