The judgment below

The remainder of the compensation order, excluding the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The scope of the judgment of the court below in this case becomes final and conclusive as the case of compensation application is immediately finalized, since an applicant for compensation in the court below's dismissal of an application for compensation order pursuant to Article 32 (4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings cannot file an objection against the judgment dismissing

2. The summary of the grounds for appeal - The lower court’s imprisonment is too heavy.

3. The instant crime is a fraud that amounts to KRW 65,50,000,000, and the quality of the crime is not weak.

In addition, the defendant's escape without complying with the investigation at the beginning of the investigation stage of this case is disadvantageous to the defendant.

However, the defendant is divided into his mistake, reflects his depth, and paid 108 million won as interest to the victim, and the victim expressed his intention that the victim does not want to be punished by the original agreement with the victim when it comes to the trial.

Defendant has no record of punishment for the same kind of crime.

In full view of the above circumstances and all other circumstances, including the Defendant’s age, character and conduct, and environment, and the sentencing conditions indicated in the instant pleadings and records, the lower court’s punishment is somewhat inappropriate.

4. As such, the defendant's appeal is with merit, and the remaining part of the judgment below excluding the part concerning the compensation order among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows

【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of evidence against the defendant recognized by the court are identical to the records in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the facts constituting an offense and Article 347 of the choice of punishment (Overallly, Selection of Imprisonment);

1. The suspended sentence is subject to the sentencing of Article 62(1) of the Criminal Act (the favorable circumstances among the grounds for reversal of the above judgment).