The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.

2. The lower court, on the grounds of appeal, rendered a sentence by taking into account the following factors: (a) the Defendant led to the instant crime; (b) the Defendant had no record of criminal punishment prior to the instant crime; (c) the method of the instant crime is not good; (d) the amount obtained by deception is more than KRW 120 million; and (e) the amount obtained by deception is more than KRW 120,000,00; and (e) the fact that no damage has been recovered to KRW 70,000 out of the amount obtained by deception was committed; and (e) the Defendant’s age, character and conduct, family relationship, relationship between the Defendant and the victims; and (e) the details and circumstances after the instant crime.

However, in light of the fact that the defendant paid part of the amount of damage to the victims during the appellate trial and agreed that the above victims do not want the punishment against the defendant, the court below's punishment is too unreasonable.

3. When the defendant, ex officio, files an appeal against a conviction, the compensation order pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the compensation order, is transferred to the appellate court along with the defendant's case. Therefore, the part of the compensation order

The court below ordered the defendant to pay 8,150,000 won to the applicant for compensation by citing the application for compensation order filed by the applicant for compensation.

However, according to the records, it can be recognized that the defendant paid part of the amount of damage to the applicant for compensation and reached an agreement.

Therefore, since the existence or scope of the defendant's liability for compensation against the applicant for compensation is not clear and it is not reasonable to issue an order for compensation in the criminal procedure, the part of the judgment of the court below is as it is.