The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant is that the amount obtained by deception from the victim due to the instant fraud is KRW 270 million, and that the defendant's liability for the crime is not less than that of the defendant in light of the amount is disadvantageous to the defendant.

However, when the defendant was in the trial, all of the crimes of this case are recognized and reflected, and the victim wants to pay part of the amount of damage to the victim and agreed to do so, and the victim does not seem to have concealed the money acquired from the crime of this case, and the fact that the defendant has no record of punishment exceeding the fine or criminal records of the same kind are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is deemed to be too unreasonable, and thus the defendant's above assertion is reasonable.

3. According to the records of ex officio determination as to the compensation order of the applicant for compensation by the court below, it is recognized that the defendant repaid to the applicant for compensation who is the victim in the trial of the court below the amount of damage KRW 40 million and agreed with the applicant for compensation by the court below.

Therefore, the application for compensation by the applicant for compensation by the court below should be dismissed because the existence or scope of the compensation liability is not clear. Therefore, the order for compensation by the court below is no longer maintained.

4. Accordingly, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and since the part of the court below's order for compensation against the applicant for compensation among the judgment below is justified, it is revoked pursuant to Article 33 (4) of the Act on Special Cases Concerning Promotion,