The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (ten months of imprisonment) is too unreasonable.

2. The Defendant’s crime of fraud in this case cannot be deemed to be less that of fraud amounting to KRW 30 million. However, the circumstances and methods of crime are also poor.

In addition, the defendant tried to have the victim affix the seal to the investment contract and avoid the responsibility of "the receipt of investment" in the course of the investigation and the trial of the court below in order to conceal the crime (if the victim did not record the conversation with the defendant, it would have been difficult to prosecute the defendant). The defendant came to reach an agreement with the victim or not to recover the damage until he was prosecuted on October 2017, 2017, after the defendant filed a complaint with the police on October 2016. The victim began to recover the damage by dividing it into the victim from the time when it comes to October 2017. The victim submitted a written application to the court below that "if he deposited it before the sentence," while consistently with the statement that the defendant had been found, the defendant's previous conviction had been 20 times more than the defendant's previous conviction, and there were many other disadvantageous cases including three previous convictions.

However, there are favorable circumstances such as the fact that the Defendant paid a sum of KRW 30 million to the victim prior to the pronouncement of the judgment of the court below to recover damage, that the Defendant recognized the crime at the time of the trial, that the Defendant additionally paid KRW 9.5 million to the victim in the trial, and that the Defendant made an agreement with the victim and expressed his intent not to punish the victim.

Based on the sentencing precedents of the same kind of case, the court below's sentence against the defendant is unreasonable, considering the various circumstances, which are the sentencing conditions shown in the records and arguments of this case, such as the motive for the crime of relation to the victim of the age of the defendant and the circumstances after the crime of result.

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