The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

All applications for compensation order filed by the applicant for compensation.

The summary of the grounds for appeal (unfair punishment) that the court below sentenced against the defendant is too unreasonable.

Judgment

In the first instance court, the defendant deposited KRW 6.5 million to the victim C and remitted KRW 25 million to the victimJ, and deposited KRW 6.6 million to deposit to the victimJ for partial recovery of damage caused by the crime of this case, the defendant's mistake is recognized, and the crime of this case is against the crime of this case, the defendant has no previous conviction sentenced to a suspended sentence or a heavier punishment, and other various sentencing conditions provided for in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc., are considered to be adequate and too unreasonable. Therefore, the defendant's argument of unfair sentencing is justified.

The lower court held that the Defendant applied for a compensation order with the purport that the Defendant would pay KRW 70 million to C and D, the applicant for compensation, and that the J applied for a compensation order with the lapse of the trial. However, as seen earlier, since the Defendant’s transfer or deposit of part of the money to C and J, the scope of the Defendant’s compensation liability against the applicant for compensation, it is unreasonable to issue a compensation order in this case, which is a criminal procedure, inasmuch as the scope of the Defendant’s compensation liability is unclear.

Therefore, the application for compensation order by the applicant for compensation cannot be accepted.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is so decided as per Disposition.

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. Criminal facts;