The judgment of the court of first instance (excluding the part of rejection of compensation order and compensation order) shall be reversed.

Defendant

A shall be punished by imprisonment of two years and six months;

1. Summary of grounds for appeal;

A. Defendant A asserts that the lower court’s sentence (two years of imprisonment, one year of imprisonment, and one year of imprisonment) is too broad, and the prosecutor asserts that the lower court’s sentence against the Defendants is too simple and unreasonable.

B. Defendant B of the second instance judgment asserts that the sentence of the lower court (hereinafter referred to as a fine of KRW 4 million) is too unreasonable.

2. Determination

A. The first instance court’s judgment 1) An applicant for compensation cannot file an objection against the judgment dismissing the application for compensation order (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and an application for compensation order becomes final and conclusive immediately.

The court below dismissed the application for compensation filed by C, which is the applicant for compensation, and confirmed simultaneously with the declaration that the above applicant for compensation was not dissatisfied with this part, and thus, the rejection part of the above order for compensation among the judgment below is excluded from the scope of the judgment

B) In addition, in a case where an appeal against a conviction judgment is filed, the compensation order is transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). As such, the part accepting an application for compensation order filed by D, an applicant for compensation, was not finalized according to the Defendant’s appeal. However, Defendant A did not assert any grounds for appeal regarding the cited part of the order for compensation by the lower court, and there is no ground to ex officio revoke or change the cited part of the order for compensation by the lower court, and it must be maintained as it is. 2) The Defendants recognized the instant offense and against the Defendant and the Prosecutor’s assertion of unreasonable sentencing, and Defendant A agreed with the victim C in the trial, etc. are favorable to the Defendants.

On the other hand, the defendant A actively participated in the crime by misrepresenting the staff of the Financial Supervisory Service, and the profits from the crime are not significant, and the defendant B is still under suspension of execution.