The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

An application for compensation by an applicant for compensation shall be dismissed.

1. The summary of the grounds for appeal is too heavy;

2. Determination of the grounds for appeal is an element of sentencing unfavorable to the defendant, such as the fact that the profit gained by the defendant through the instant crime reaches KRW 19,65,180,000, and that no agreement has been reached with the victim until now.

However, in full view of various sentencing conditions shown in the argument of this case, such as the fact that the defendant was led to the crime of this case when the defendant was in the trial, the defendant has no record of criminal punishment except that sentenced to three times a fine, and in particular, the defendant deposited the amount of 42 million won for the victim when the defendant was in the trial, etc., it is deemed that the punishment imposed by the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is as follows: (a) other than adding “1. Defendant’s trial testimony” to the summary of the evidence in the original judgment, the description of each corresponding column of the original judgment is identical to that of the original judgment; and (b) thus, it is cited in accordance with Article 369

Application of Statutes

1. Article applicable to criminal facts;

(a) Fraud: Article 347(1) of the Criminal Act;

(b) The point of occupational breach of trust: Articles 356 and 355(2) of the Criminal Act comprehensively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishments imposed on more severe frauds);

1. Selection of imprisonment with prison labor chosen;

1. Article 32 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order (It is unreasonable to issue a compensation order because the defendant alleged that he/she has the money to be received from the victim and deposited a certain amount in the trial)