The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. However, the amount of fraud caused by the instant crime is not so much;

However, the defendant confessions the crime of this case in the first instance and is in violation of depth, and this case should consider equity in sentencing with the case where the judgment is concurrently rendered in the concurrent relation between the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and the violation of the latter part of Article 37 of the Criminal Act in the judgment of the court below which became final and conclusive. In full view of the defendant's age, occupation, character and conduct, motive and circumstance of the crime, circumstances after the crime, and all of the sentencing conditions in the records and arguments of this case, including the sentencing guidelines, the court below's punishment is unreasonable.

I would like to say.

3. The lower court rendered a compensation order with regard to the application for compensation order filed by the applicant for compensation, stating that “the Defendant shall pay the applicant for compensation the amount of KRW 330,000,000,000,” which reads that “the accused shall obtain by fraud.”

However, in light of the fact that the defendant agreed with the applicant for compensation in the trial, it is not reasonable to issue an order for compensation in the criminal procedure because the scope of liability for compensation is not clear.

Therefore, the part which the court below accepted the application for compensation order shall be revoked and the application for compensation by the applicant for compensation shall be dismissed.

(Article 32 (1) and (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). Then, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is judged after pleading. The part of the judgment of the court below regarding the compensation order among the judgment below is revoked and the application for compensation order of the applicant

Criminal facts

The facts constituting an offense recognized by the court as well as the summary of the evidence shall be as follows.