The judgment below

The remainder, excluding the dismissal of public prosecution and application for compensation, shall be reversed.

Defendant .

1. The lower court rendered a judgment dismissing the prosecution on each of the instant facts charged, and rendered a judgment of conviction on the remainder of the facts charged.

However, since only the defendant appealed the guilty portion and the dismissal of the above dismissal is separated and confirmed as it is, the dismissal of the public prosecution is excluded from the scope of the judgment of this court.

The lower court dismissed the application for compensation filed by B by the applicant for compensation.

An applicant for compensation cannot file an objection against a judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and the foregoing dismissed portion shall be excluded from the scope of the adjudication of this court

2. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

3. The fact that the amount obtained by the accused from the victims exceeds KRW 476 million, and that the accused committed a crime by taking advantage of personal trust relationship with the victims, as if a third party was dispatched in the course of the crime of defraudation, it is not clear that the victim H is actively affiliated with the victim by preparing text messages or e-mail, or by inducing I, an accomplice, etc., and that the nature of the crime is not easy in light of the frequency and period of the crime, and that there was a record of punishment for the fraudulent crime.

However, it is reasonable that the defendant recognizes and reflects the crime of this case, and that the victim does not want punishment against the defendant by mutual consent with all the victims, and that the amount of fraud against the victim B and F is reasonable, but in the course of lending money over several times from the above victims, part of the damage recovery was made in the original judgment, such as paying the victim B a sum of KRW 30 million and the victim F a sum of KRW 60 million, and there was no record of criminal punishment exceeding the fine, and there was no record of criminal punishment by the defendant in the first instance, five million won for the victim B and one million won for the victim F.