The judgment below

The remainder of the compensation order, excluding the compensation order, shall be reversed.

Defendant shall be punished by imprisonment for a period of two years and four months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months) of the lower court against the Defendant is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds of appeal ex officio as to the part on the order for compensation to D, the court below examined the part on the order for compensation to D, the applicant for compensation, ex officio.

The compensation order pursuant to the provisions of Article 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings is a system that intends to order the compensation of damage suffered by a victim of a criminal act of a defendant only when the amount of damage suffered by a criminal act of a defendant is specified and the scope of the defendant's compensation is clear, thereby promoting the smooth and prompt recovery of damage suffered by a victim. According to the provisions of Article 25 (3) 3 of the same Act, where the existence or scope of the defendant's compensation liability is unclear, the compensation order shall not be issued, and in such

(see Supreme Court Decision 2012Do7144, Aug. 20, 2012). The lower court ordered the applicant for compensation to pay 70,000 won to the said applicant for compensation by citing the application for compensation order filed by D, an applicant for compensation. However, according to the records of this case, it can be recognized the fact that the Defendant received a written agreement from the said applicant for compensation to the effect that he/she would pay 120,000 won to the said applicant for compensation and would not want to be punished by the Defendant.

Therefore, the existence or scope of the defendant's liability for compensation against the above applicant for compensation is not clear. Therefore, the part of the compensation order against D among the judgment below, which is the applicant for compensation, cannot be maintained in this point.

B. Each of the instant fraud crimes in determining the grounds for appeal is committed from many victims repeatedly, by posting a notice on the Internet website, etc. that the Defendant sells false goods.