We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for not less than eight months.

An applicant for compensation shall be dismissed.

1. The first deliberation punishment (one year of imprisonment) of the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The damages amounted to KRW 175 million and the damages amounted to KRW 175 million were not recovered, which are disadvantageous to the Defendant.

On the other hand, however, the fact that the defendant committed the crime of this case against the appellate court, committed a mistake in depth, deposited KRW 20 million for the victim E Co., Ltd., and the defendant seems to be the first offender and the criminal intent of defraudation seems to be doluence, etc. are favorable to the defendant.

In addition to the above circumstances, in full view of various circumstances, including the Defendant’s age, sex, environment, family relationship, motive, means, and consequence of the commission of the crime, the sentence of the first instance court seems to be unfair because it is too unreasonable.

Therefore, we accept the defendant's unfair argument in sentencing.

3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the first instance court is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is again decided after pleading.

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

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 of the Criminal Act concerning the selection of punishment (as a whole, the selection of imprisonment);

1. Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order (the scope of liability for compensation is unclear, such as deposit by the defendant of KRW 20 million in the criminal proceedings of this case).