The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

except that this shall not apply.

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable to have four-year imprisonment sentenced by the defendant.

2. Determination

A. In light of the fact that the crime of this case in part of the defendant's case was committed by deceiving the victim as if the defendant would have made a high profit in a short period of time due to real estate investment, and the nature of the crime is not good. However, considering the fact that the defendant recognized the crime and commits the crime against himself, the amount of KRW 300 million out of the money acquired by the defendant from the victim was returned to the victim under the name of his profit, and the defendant returned the amount of KRW 300 million to the victim under the pretext of his profit. The defendant agreed that he was the first offender, the defendant was supporting the husband who has a disability with his children, and it appears that the defendant supported the husband who has a disability with his children, the punishment of the court below is too unreasonable, taking into account various sentencing factors shown in the records and arguments of this case, such as the background of the crime of this case, the circumstances after the crime, the defendant's age, character and conduct, family relationship, etc.

B. According to the records, it is not reasonable to issue an order for compensation because the scope of the Defendant’s liability to compensate is unclear, since it is recognized that the Defendant has agreed with the applicant by paying part of the amount acquired by deceit to the applicant for compensation when the Defendant was in the trial and transferring real estate owned by the Defendant’s mother.

3. In conclusion, the part of the judgment of the court below regarding the defendant's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the decision is again made after pleading, and the part concerning the compensation order shall be revoked among the judgment of the court below pursuant to Articles 33 (4), 32 (1) 3 and 25 (3) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and the part concerning

Criminal facts.