The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. The court below rejected the application for compensation by the applicant for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the court below rejected the application for compensation, and thus, the part dismissing the application for compensation was immediately finalized.

Therefore, the dismissal part of the judgment of the court below is excluded from the scope of adjudication of this court.

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

3. In light of the following: (a) the Defendant, who had been punished several times, including the Defendant’s penal punishment for fraud under the several laws, such as the instant case, committed each of the instant crimes repeatedly against an unspecified number of unspecified victims without being able to have committed any repeated crime; and (b) the most of the damage has not yet been recovered, a sentence to punish the Defendant is inevitable.

However, if considering the Defendant’s age, character and conduct, family environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the above punishment imposed by the lower court is too unreasonable, as it is too unreasonable, considering the following: (a) the Defendant’s perception of all the facts of the crime of this case and reflects the mistake; and (b) the amount of damage by each victim is relatively small, which is a relatively small amount of damage; and (c) the sum of the amount of the defraudeds is more than 5 million won, even

4. Thus, the defendant's appeal is with merit, and the remaining part of the judgment below excluding the dismissal of the application for compensation among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the following decision is rendered again

【Discied Judgment】 The criminal facts recognized by the court and the summary of the evidence are the same as the entries in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.