The defendant's appeal is dismissed.

The defendant pays 242,400,000 won to the applicant for compensation by fraud.

3.2

The sentence (two years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

The fact that the defendant paid approximately KRW 70 million to the victim E, and each of the crimes of this case is related to the crime for which judgment has become final and the latter concurrent crimes of Article 37 of the Criminal Act, such as the first head of the crime in the judgment below, and the fact that each of the crimes of this case should take into account equity with the case where each of the crimes of this case and the judgment have become final and conclusive pursuant to Article 39(1)

However, as the defendant has professional knowledge and skills, planned and actively induced victims, and the amount of damage reaches about 339 million won, and the nature of the crime is very heavy.

In the past, the defendant has been punished nine times as a crime of fraud.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

The applicant for the judgment on the application for compensation has reached the trial, and sought an order for compensation of KRW 242,400,000 against the defendant.

According to the evidence duly admitted and examined by the court below, the defendant suffered damage of KRW 312,400,000 as a sum of 300,000,000 to an applicant for compensation by fraud as stated in the facts of each crime listed in paragraphs (1) and (2) of the judgment of the court below, and the defendant paid KRW 70,000 to the applicant for compensation. Thus, the defendant is obligated to pay the remainder of the fraud amount to the applicant for compensation.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and Article 25 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is applied for compensation order by the applicant for compensation.