The defendant's appeal is dismissed.

The request of the applicant for compensation shall be dismissed.

1. In light of the fact that the defendant's summary of the reasons for appeal is likely to reflect his mistake and not repeat again, the sentence of the court below (one year and two months of imprisonment) is too unreasonable.

2. The Defendant’s judgment on the grounds of appeal reflects his or her mistake, and does not repeat the same mistake again.

However, even though the amount acquired by the Defendant through the instant crime exceeds KRW 200 million, a significant portion of damage has not been recovered, and even if the Defendant was tried to commit the instant fraud, the Defendant committed a fraudulent crime against the victim M without any awareness of any other crime. As such, the Defendant who repeats the said fraud requires a strict punishment. In full view of all the sentencing conditions stated in the instant argument, including the Defendant’s age, sex, environment, method of crime, and circumstances before and after the instant crime, the lower court’s punishment is too unreasonable.

3. The procedure for determining an application for a compensation order is the procedure for ordering the Defendant to compensate for damage caused by the criminal act in the Defendant’s case pursuant to Article 25(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits. It is not reasonable to issue a compensation order on the grounds that the applicant for compensation is not indicated as the victim of the Suwon District Court Decision 2018 High Order 3116, Suwon District Court Decision 2018 High Order 3116, and it is not clear whether the applicant for compensation is liable for compensation.

Recognized.

4. On the other hand, the instant appeal by the Defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the Defendant’s appeal is without merit. Since the application for compensation order by Hongk L&C Co., Ltd. for compensation is unlawful, it is dismissed in accordance with Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Provided, That “1.5 million won on November 3, 2016,” which is “1.5 million won on December 28, 2016,” is obviously a clerical error of “10 million won on December 28, 2016.”