The judgment below

The remainder, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The punishment of deliberation (two-year imprisonment) on the summary of the grounds for appeal is too unreasonable;

2. The fact that the Defendant acquired money from three victims about KRW 147590,00,00 in total, and in particular, acquired money from the victim C on several occasions through a business, the substance of which is unclear from the victim C, as well as caused financial damage to the Defendant as a variety of occasions depending on the need of the Defendant, such as a foreign car and a string fluscing, etc., and not only did the recovery of damage to the defrauded, but also did not properly impose any additional economic burden upon the Defendant by borrowing a considerable amount from the lending company. In the case of the victim C, even though the Defendant had suffered any additional financial burden by borrowing money from the lending company, it would be an unfavorable circumstance against the Defendant, such as obsing the said victim who requested the repayment of the obligation or taking another person before the other person (the investigation record 321 page).

However, in full view of the following facts: (a) the Defendant recognized the entire crime and divided the wrongs; (b) paid KRW 8 million to the victim C among the profits that the Defendant promised to commit the food business in Dongdaemun-gu (the 3.18th page, etc. of the investigation record); (c) the Defendant did not have any record of the crime exceeding the same kind or fine; (d) the sum of defraudation; and (e) the Defendant’s age, sex, family relationship, motive and means of the crime; and (e) the sentencing conditions specified in the trial process of this case, such as the circumstances after the crime, even if considering the aforementioned unfavorable circumstances, the first

3. If so, the defendant's appeal is reasonable. Thus, the part of the judgment of the court of first instance under Article 364 (6) of the Criminal Procedure Act, excluding the compensation order, is reversed, and it is again decided after pleading as follows.

[Re-written judgment] The Criminal Procedure Act applies to the facts constituting a crime and the summary of evidence recognized by the court as stated in each corresponding part of the judgment of the court of first instance.