The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

An application for compensation filed by an applicant for compensation in the trial of the party shall be dismissed.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. As to the Defendant’s assertion of unfair sentencing, the Defendant’s deceptioned a total of KRW 110 million from victims to commit such crime, and the Defendant submitted a written agreement to the effect that the Defendant agreed with the victim and the applicant for compensation at the sentencing date on July 23, 2020, and submitted the agreement to the effect that the agreement was subsequently paid, and thus, the decision date was postponed to confirm whether to pay the agreed amount. However, there are unfavorable circumstances such as the Defendant’s failure to recover from actual damage up to the present.

However, when considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the court below's punishment is too unreasonable, because it seems that the defendant had been partly notified that the defendant's economic situation was not good, and that the defendant's punishment was not imposed above the same kind of power and suspension of execution.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Whether or not an applicant for compensation has been liable for compensation against the defendant's appellate court under Article 32 (1) 3 and (2) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for Dismissal of Application for Compensation;