The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall pay 35 million won to the applicant for compensation.

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of eight months, the suspension of execution of two years, and the community service order of one hundred and sixty hours) is too unhued and unreasonable.

2. The circumstances favorable to the defendant are that the defendant's judgment on the reasons for appeal is divided into his mistake, and that the defendant is the first offender who had no criminal history prior to the instant case.

However, the crime of this case is committed by deceiving the victim and deceiving the victim with money equivalent to KRW 35 million, and the nature of the crime is not somewhat weak, the defendant is not making efforts to recover the damage, and the victim is wanting to punish the victim with severe punishment, etc., which are disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, sex, environment, the background and motive leading up to the instant crime, and all other matters concerning the sentencing as indicated in the records and arguments in the instant case, the sentence of the lower judgment is deemed to be too uneasible and unfair.

Therefore, the prosecutor's improper argument of sentencing is justified.

3. The defendant's criminal facts against the applicant for compensation order are found guilty, and the principal amount of the damage is recognized to be the cause of 35 million won, so the defendant is obligated to pay 35 million won to the applicant for compensation the above fraud.

4. In conclusion, the application for remedy order filed by the applicant for compensation is accepted pursuant to Articles 25(1) and 31(1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall apply to the declaration of provisional execution, and the prosecutor’s appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, Article 369 of the Criminal Procedure Act is applicable.