The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this shall not apply.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. In light of the fact that the sum of damages for each of the instant crimes is considerably 148 million won, and that the Defendant, on the grounds that there is no money, acquired money to the victims for the reason that there is no money, consumed it as entertainment expenses, etc., and that part of the damage was recovered, and that there was no agreement with the victims C, the Defendant was a heavy crime.

However, in full view of the following circumstances: (a) the Defendant paid KRW 74 million to the victim D prior to the pronouncement of the judgment by the lower court; (b) the said victim did not want to be punished by the Defendant (147 pages of the investigation record); (c) the victim C was placed in a trial for a period of up to six months; (d) the Defendant was detained in the instant case for a period of up to six months; (e) there was no history of criminal punishment heavier than the fine; and (e) other circumstances, which are the sentencing conditions specified in the pleadings of the instant case, such as the Defendant’s age, environment, and conditions before and after the crime, the lower court’s sentence is somewhat

3. According to the conclusion, the part of the judgment below excluding the compensation order pursuant to Article 364(6) of the Criminal Procedure Act shall be reversed, and the judgment shall be rendered again after pleading as follows.

[Defendant asserts that since he deposited two million won as an applicant for compensation in the first instance, the part of the judgment of the court below should be reversed, and that the application for compensation by the applicant for compensation should be dismissed. However, if the repayment deposit is valid, it is required that the payment of the full amount of the obligation and the deposit of the full amount of the obligation has been made, and that the deposit of part other than the full amount of the obligation does not take effect as to that part (see Supreme Court Decision 2008Da51359, Oct. 29, 2009). Therefore, the Defendant’s deposit of the applicant for compensation as the applicant for compensation with the repayment as the applicant for compensation is part of 4.4 million won of the direct physical damage amount caused by fraud against the applicant for compensation.