The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment.

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (eight months of imprisonment) is too unreasonable.

2. The Defendant committed a crime for a long time repeatedly and repeatedly, the fact that there was a record of being sentenced to two times a fine due to fraud under the same law, and the fact that the amount of damage is not significant is disadvantageous to the Defendant.

However, after the conclusion of the pleadings in the court below, the defendant recognized the crime, and expressed his intention that the injured person does not want the punishment by accepting the repayment plan of the defendant, and the repayment of additional KRW 10 million in the court below, and the defendant will pay all the remainder of the damage in the future.

In full view of the fact that the defendant's age, environment, family relationship, and all other sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below is too unreasonable because it is too unreasonable. Thus, the defendant's assertion is justified.

3. As such, the defendant's appeal is reasonable, and the part of the judgment below excluding the rejection of an application for compensation order among the court below's decision pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. The community service order under Article 62-2 of the Criminal Act;