The judgment below

The remainder, excluding a compensation order, shall be reversed.

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

1. According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the lower court rejected the application for compensation of H, who is an applicant for compensation, but failed to file an objection against the judgment dismissing the application for compensation. Therefore, the dismissal part of the said application for compensation is determined immediately and excluded from the scope of the

2. The main point of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment, confiscation, and compensation order) is too unreasonable.

3. There is a large amount of damage caused by deception, the amount obtained by the defendant is a large amount, and the damage has not been recovered, and there is an unfavorable circumstance against the defendant.

However, considering all the sentencing conditions shown in the arguments of this case, such as the fact that the defendant was an initial offender without any previous conviction, the fact that the defendant's acquisition of profits is a small amount of benefits, and the location where the defendant should support the families with mental disorder, other than the role age, character and conduct, environment, family relationship, means and result of the crime, etc., the sentence of the court below is unreasonable.

4. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed except for a compensation order pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[ multi-use reasons for the judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act concerning the applicable criminal facts, the choice of punishment, Articles 225 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act, Article 3(1)1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, Article 30 of the Criminal Act concerning the acquisition or disposition of criminal proceeds, etc.