The judgment below

The part of the defendant's case shall be reversed.

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

The judgment below

(2).

1. The lower court rejected an application for compensation order filed by AB, an applicant for compensation (Seoul District Court 2018 Seocho 1149).

However, according to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation failed to file an appeal against a judgment dismissing the application for compensation order, so the above application for compensation order was immediately finalized.

Therefore, the rejection of a request for compensation order by AB among the judgment of the court below is excluded from the scope of this court.

2. The summary of the grounds for appeal (a two-year imprisonment) by the lower court is too unreasonable.

3. Determination of the Defendant’s assertion of unreasonable sentencing is an unfavorable circumstance, such as the fact that the total defrauded amount of this case was about KRW 25 million, and that most of the damages have not been recovered until the trial was held.

On the other hand, the fact that the defendant recognized the crime of this case, the first offender, and the defendant paid approximately KRW 16.5 million out of the total amount of the acquired money before the judgment of the court below was rendered, and submitted the details of the financial transaction.

In addition, in full view of the Defendant’s age, character and conduct, environment, the circumstances and motive leading to the Defendant’s crime, and all the sentencing conditions indicated in the instant records and pleadings, such as the circumstances before and after the commission of the crime, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’

4. In a case where the Defendant, ex officio, filed an appeal against conviction regarding the part of the compensation order against U,V, and AA among the judgment below, the compensation order is transferred to the appellate court pursuant to Article 33(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., even if the Defendant did not object to the compensation order, and thus, the part of the compensation order against U, V, and AA of the judgment below is examined ex officio

The court below accepted the application for compensation order by U.V, and AA, the applicant for compensation, and paid each amount of damage to the defendant.