The judgment below

The part concerning the accused case shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that this judgment.

1. The summary of the grounds for appeal (limited to six months of imprisonment, one year of suspended execution, and 40 hours of community service order) declared by the court below is too unreasonable.

2. The judgment of the court below is recognized that the defendant aided and abetted the act of fraud by Bosing and assisting the defendant to take charge of cash withdrawal, and that the amount of damage is not a considerable amount of KRW 59 million, but the defendant recognized the facts charged in this case and against his mistake. Meanwhile, the defendant is an initial criminal without criminal power, and the defendant seems to have no profit from the crime in this case. After the decision of the court below, the defendant partially repaid the amount of damage and agreed with the victim after the decision of the court below, and the victim did not want to be punished, and considering all the circumstances of sentencing specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, etc., the court below's punishment is too unreasonable, and the defendant's argument is justified.

3. When the defendant, ex officio, files an appeal against a conviction against a request for compensation order, the compensation order is transferred to the appellate court along with the defendant's case pursuant to Article 33 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the compensation order, and therefore,

The defendant paid money to recover the damage of the applicant for compensation who is the victim of this case in the trial of the court below, and it is judged that the existence or scope of liability for compensation is not clear.

Therefore, among the judgment below, the compensation order part against the applicant for compensation cannot be maintained as it is.

4. Accordingly, the defendant's appeal is with merit. Accordingly, the part concerning the defendant's prosecuted case among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the part concerning the compensation order against the applicant for compensation among the judgment below is with merit as above.