The judgment below

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

A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant.

1. The gist of the appeal is heavier than the original sentence.

2. In light of the fact that the defendant additionally deposited KRW 5,290,00 in the appellate court the victim CK, CI, BV, BR, CG, and J, there is a change in circumstances that may re-determine the punishment.

3. The part of the judgment of the court below, excluding the compensation order, shall be reversed, and the following decision shall be rendered after pleading.

[Re-written judgment] The same as the relevant column of the lower judgment’s judgment on criminal facts and summary of evidence.

Application of Statutes

1. Article 347 (1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act (the point of the above Article of private document), Articles 234 and 231 of the Criminal Act (the point of exercising the above investigation document) concerning the facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act (the point of transferring access media) concerning the facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each sentence of imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Articles 25(1) and 31(1) through (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. of Orders for Compensation and Sentence of Provisional Execution (the compensation order does not order the non-performance of civil liability or the performance of liability for damages arising from tort. Thus, it is reasonable to view that the delayed damages should be calculated by the statutory interest rate prescribed in the Civil Act, unless otherwise stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc.

Of the application for compensation filed by an applicant for compensation, the part of the amount exceeding 12 million won by fraud and 5% per annum from the day following the service of the above compensation order to the day of full payment shall not be justified.

The reason for sentencing is that the court below additionally deposited the amount of damage to certain victims (CK, CI, BV, BV, CG, and J) after filing the appeal and the circumstances revealed in the reason for sentencing, together with all other factors of sentencing indicated in the record, shall be determined by taking into account.