The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for two years from the date of the final judgment.

1. In light of the fact that the defendant's summary of the grounds for appeal is against the defendant and that it was agreed with the victim when it comes to the trial, the punishment of the court below against the defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. An unfavorable circumstance is that there is no good quality of the crime in light of the method of receiving the instant crime and the amount of defraudation, etc. of the Defendant’s assertion of unfair sentencing, and that the Defendant has a number of criminal records, including the previous and previous criminal punishment, against the Defendant.

However, the fact that the defendant was in a trial and the victim did not want the punishment of the defendant by agreement with the victim, and that the defendant's mistake is divided and does not repeat again is more favorable.

In this context, considering the various circumstances shown in the records and arguments, the sentence imposed by the court below on the defendant is somewhat inappropriate.

B. An order for compensation pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Ex Officio Proceedings on Application for Compensation is a system that seeks to seek the recovery of damage suffered by a victim simply in cases where the amount of damage suffered by a victim of a criminal act of a defendant is specified and the scope of liability of a defendant is clear. According to Article 25(3)3 of the Act on Special Cases Concerning the Settlement of Disputes, where the existence or scope of liability of a defendant is unclear, an order for compensation shall not be issued, and in such cases, an application for compensation shall be dismissed pursuant to Article 32(1

(see, e.g., Supreme Court Decision 2012Do7144, Aug. 30, 2012). With respect to the instant case, the Defendant paid part of the compensation order amount of the lower judgment to the applicant for compensation after the lower judgment was rendered, and agreed to the extent of Defendant’s liability for compensation.