The judgment below

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

Defendant shall be punished by imprisonment.

1. The court below rejected the application for compensation order against the defendant of the applicant C, the compensation applicant, and there is no objection against the judgment dismissing the application for compensation application pursuant to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Thus, this part is excluded from the scope of the trial of this court.

2. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

3. The fact that the amount of defraudation caused by the instant crime is not a considerable amount of KRW 50 million, and that the injured person who did not agree with the victim wants to punish the accused is disadvantageous to the accused.

However, in full view of the fact that the defendant recognized all of the crimes of this case, there is no record of criminal punishment exceeding the same kind of crime and fine, and that part of the amount is repaid every month through the personal rehabilitation procedure, and that a considerable amount of damage has been recovered by depositing 36 million won in cash at the trial court (in the event the defendant's personal rehabilitation procedure is normally conducted, the amount of the final repayment would be KRW 13,963,800 if the defendant's personal rehabilitation procedure is performed, and the amount equivalent to the amount of damage would be the amount equivalent to the damage if it is combined with the above deposit) and other various circumstances, which are the conditions for sentencing as shown in the records and trial, such as the defendant's age, sexual behavior, environment, family relationship, motive and circumstance after the crime, etc., the court below's punishment is recognized to be unfair as it is somewhat inappropriate. Thus, the above argument by the defendant is justified.

4. If so, the defendant's appeal is reasonable, and the remaining part of the judgment below excluding the rejection of an application for compensation order pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below. Thus, it is subject to Article 369 of the Criminal Procedure Act.