The judgment below

The part, excluding the rejection of an application for compensation order, shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. The lower court rejected the applicant K’s application for compensation order (in early April 2018, 412), and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., and the part rejecting the application for compensation was immediately finalized.

Therefore, among the judgment below, the dismissal of the above application for compensation is excluded from the scope of adjudication of this court.

2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment, confiscation) is too unreasonable.

3. The crime of this case committed on the grounds of appeal against the defendant's case is to sell valuable goods to the victims in several times.

It is not good that there is a fraud by deceiving money, and there is no good way to commit a crime, and there is a lot of frequency to commit a crime.

Such circumstances are disadvantageous to the defendant.

However, all the defendants recognize the crimes, and they reflect their mistakes while living in custody for about 8 months.

It is not much significant to the sum of fraud 7 million won.

For the defendant to be in the first instance, 20 victims have repaid the amount acquired by deceit to 20 victims, and the damage has been recovered.

Although the defendant was punished twice by a fine due to a crime under the same law, the criminal record was committed at a time similar to each of the crimes of this case, and there was no record of being punished by a fine exceeding that of the same crime or a punishment exceeding that of the same crime before.

Such circumstances are favorable to the defendant.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, career, sex, environment, family relationship, the place of using the money obtained by deception, motive and circumstance of the crime, and circumstances that form the conditions of sentencing as shown in the arguments and the sentencing guidelines of the Supreme Court Sentencing Committee, etc., the sentence of the lower court is too unreasonable.

4. The order for compensation by the lower court and the request for compensation by the party.