The judgment below

The part concerning the accused case shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

except that this shall not apply.

1. The sentence of one year and two months of imprisonment sentenced by the court below is too unreasonable.

2. The crime of this case was committed by deceiving the victims and deceiving them total of KRW 70 million under the pretext of real estate investment, and the criminal liability is not less than that of this case, the defendant committed the crime of this case during the period of suspension of execution due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and that the defendant has a number of same kind of power, including the punishment before the sentence, is disadvantageous to the defendant.

However, in light of the fact that the Defendant recognized the facts charged in the instant case, and against his mistake, the Defendant partly repaid the amount of damage to the victim B after the pronouncement of the lower judgment, and that the Defendant repaid the amount of damage to the victim E in full and agreed with the victim E, and other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. When the defendant, ex officio, files an appeal against a conviction against a request for compensation order, the compensation order is transferred to the appellate court along with the defendant's case pursuant to Article 33 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the compensation order, and therefore,

In order to recover the damage of the applicant for compensation who is the victim in the trial of the court below, it is judged that the existence or scope of liability for compensation is not clear.

Therefore, among the judgment below, the compensation order part against the applicant for compensation cannot be maintained as it is.

4. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below under Article 364 (6) of the Criminal Procedure Act is a prosecuted case.