The judgment below

The defendant's appeal as to the part of the defendant's case is dismissed.

Of the compensation order of the lower court.

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. The fact that the defendant made a confession and reflected in the judgment on the grounds of appeal, and the amount of profit that the defendant actually acquired is likely to not be obtained by deceit is considered in favor of the sentencing of the defendant.

However, such as the judgment below's reasons for sentencing, the crimes of Bosing are serious harm to the systematic, planned intelligence and society.

In addition, the defendant needs to be strictly punished on the basis of the degree of participation as a part of the role leading the crime to the domestic cash withdrawal books, the solicitation of passbooks, etc. through mobile mail storage, etc.

In addition, taking into account various circumstances, such as the size of the amount of fraud of this case (200 million won), the age, environment, circumstances of the defendant, the background, means and result of the crime, etc., the sentence imposed by the court below is too unreasonable.

3. Where an appeal is filed against a judgment of ex officio conviction on the application for remedy order filed by D (2015 Seocho1013) by the applicant for compensation, the remedy order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). The lower court ordered the payment of KRW 12,00,000 by citing all the application for remedy order filed by D, the applicant for compensation, which is the applicant for compensation,

However, according to the records, it is recognized that the fraud amount of the victim D is KRW 9,200,000 (No. 6 of the crime table in the judgment of the court below). Therefore, the part of the compensation order of D, the applicant for compensation among the compensation order in the judgment of the court below, cannot be maintained.

4. Accordingly, the appeal by the defendant against the part of the defendant's case is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the compensation order by D, among the compensation order by the court below, shall be applied for.