The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that this judgment.

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

2. The judgment of the court below is somewhat unreasonable in light of the following factors: (a) the Defendant, who was unaware of trust with the victim and acquired money worth KRW 47,00 million for more than two years; (b) the Defendant did not want to punish the Defendant by mutual consent with the victim; (c) the Defendant did not have any criminal records other than punishment once by fine; and (d) other various sentencing conditions as shown in the records and arguments, including the motive and background leading up to the instant crime; (d) the circumstances leading up to the Defendant’s crime; (e) the Defendant’s age, character and conduct; and (e) the Defendant’s age, character and conduct

3. In conclusion, the part of the judgment below excluding the compensation order under Article 364 (6) of the Criminal Procedure Act is reversed as the defendant's appeal is well-grounded, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Election of Criminal Act, and Article 30 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);