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 43,758,000 won to the applicant for compensation.

1. The sentence of the lower court (one year of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The instant crime committed by deception by actively taking advantage of personal trust relationship and by taking advantage of deception 70 million won through several times, and is disadvantageous to the following: (a) the nature of the relevant crime is not good; (b) the amount of damage has not been repaid; and (c) the victim is attempting to punish the Defendant.

However, in full view of all other circumstances, such as the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime, etc., such as the Defendant’s recognition of the instant crime and his depth and deposit of KRW 3 million for the victim, etc., the Defendant’s argument is reasonable, since the sentence of the lower court is too unreasonable, since it is recognized that the sentence of the Defendant is too unreasonable.

3. The part of the court below's ex officio determination as to an application for a compensation order among the judgment below, which cited an application for compensation order, shall also be deemed ex officio as the confirmation of compensation order was prevented by the defendant'

The lower court ordered the payment of KRW 50,866,00 (=amount of KRW 81,808,000) - Amount of KRW 27,942,000 in repayment - Amount of KRW 3,000 in relation to an application for remedy order filed by the applicant for compensation.

However, according to the records, in addition to the amount obtained by deception 71,70,000,00 won as stated in the facts charged of this case, the Defendant recognized the Defendant as the amount obtained by defraudation of KRW 71,720,000, excluding KRW 370,000,000, which was paid as money from the prosecutor’s investigation (Evidence Record 78,000), but the amount obtained by defraudation was charged only with KRW 71,70,00,000, which was not charged, is excluded.

The defendant's credit card use amount of KRW 5,943,00 and KRW 3,775,000 were additionally applied for compensation (Evidence No. 19). This is included in the crime of this case.