The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall obtain money from D who is an applicant for compensation 1.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. The instant crime is deemed to have been committed by the victims under the pretext that the Defendant, who had worked as an employee in the department store, purchased the department store gift certificates (not in fact) provided to the department store employees at a discount of 35% compared to the face value, and subsequently, acquired money exceeding 6 billion won from the victims under the pretext that they would have left the profit equivalent to the difference, and the crime is not somewhat less than the nature of the crime in light of the Act on the Punishment of Criminal Crimes and the amount of damage is very high, and it is inevitable to punish the Defendant corresponding to the criminal liability.

However, the fact that the defendant led to the confession of the crime of this case, there is no criminal history against the defendant, and the defendant committed the crime of this case by the so-called "domination" method and returned part of the amount of actual damage to the victims under the name of profits, and the victim D, E, F, and G expressed his intention not to punish the above victims by agreement with the victim D, E, F, and G (However, since the defendant provided the victims with KRW 250 million, the damage of the above victims was partially recovered). It is reasonable to consider the defendant.

In full view of the above circumstances and the defendant's age, character and conduct, environment, motive and background of the crime, the means and consequence of the crime, the circumstances after the crime, etc., it is determined that the sentence imposed by the court below against the defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. Accordingly, 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 justified.