The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

1. The decision of the court below on the summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, and eight hours of community service) is too unreasonable;

2. In light of the means of deception and the amount of deception, etc. of the instant crime, the fact that the case is not less complicated, and that the Defendant has a criminal record of a fine of the same kind is disadvantageous.

However, in full view of the following: (a) the Defendant recognized his mistake; (b) the lower court deposited KRW 28 million for the victim; (c) the Defendant appears to have separately paid KRW 3 million to the victim; (d) the Defendant agreed with the victim; and (c) the Defendant has never been convicted of a stay of execution or a heavier punishment; and (d) other various sentencing conditions specified in the instant argument, including the circumstances leading up to the instant crime; (b) the circumstances following the instant crime; (c) the Defendant’s age, character and conduct, and environment; and (d) the Defendant’s assertion is somewhat unreasonable.

3. As such, the defendant's appeal is with merit, and the remaining part of the judgment below excluding the rejection of the application for compensation order among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the following is again decided

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);