The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. The Defendant had a record of being punished for the same kind of crime.

Although the defendant agreed with the victim in the trial as follows, the victim filed a separate complaint with the defendant, and the victim tried to reverse the defendant's intention not to punish the defendant, and still the defendant's punishment.

However, the defendant agreed with the victim on this case for the first time, and paid 15 million won to the victim.

In addition, the court below's punishment against the defendant is too unreasonable in light of the overall circumstances that form the conditions for sentencing as shown in the argument of this case, such as the defendant's age, sex, environment, etc.

B. When the defendant filed an appeal against the instant case, the case applying for a compensation order is also transferred to the appellate court pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

However, the court below issued a compensation order with the content that the defendant would pay 20,000,000 won by deception to the applicant D, and as seen earlier, it is inappropriate to issue a compensation order on the ground that the defendant agreed with the victim and paid 15,000,000 won to the victim in the first instance trial, and the scope of the defendant's compensation liability is not clear.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act and Articles 347(1) and 30 (joint fraud point) of the Criminal Act concerning criminal facts.