The defendant's appeal is dismissed.

The defendant pays 128,700,000 won to the applicant for compensation by fraud.

3.2

1. The sentence imposed by the court below (one year and three months of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the degree of damage to the victim is large; (b) the victim has not been recovered from damage; (c) the defendant has the records of the same criminal conduct; and (d) the background, means and methods of the crime in this case; (b) the circumstances after the crime was committed; and (c) the Defendant’s age and happiness environment; and (d) the sentencing conditions under Article 51 of the Criminal Act, which are expressed in the records

3. In conclusion, the defendant's appeal of this case is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and since there are grounds for filing an application for compensation order by the applicant for compensation filed in this court, it is so decided as per Disposition by the assent of all participating Justices, on March 21, 2008, ordering the defendant to compensate for physical damage (i.e., fraud fraud amount of KRW 79 million on March 21, 2008 and KRW 49.7 million on August 28, 2009) under Article 25 (1), Article 31 (1), (2), and (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.