The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall obtain money from the applicant for compensation 50 million won.

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) on the part of the Defendant case is too unreasonable.

B. The lower court’s order for compensation for this portion is unlawful, even though the damages for delay against the money obtained by defraudation in the part of the application for compensation order did not directly incur material damage due to the criminal act of the Defendant case.

2. Determination

A. The crime of this case as to the part of the defendant's case is not clear whether or not the defendant will complete a wedding new construction work, by deceiving the victims as a security deposit, and the nature of the crime is not good. The damage amount caused by the crime of this case reaches 58 million won and most of the damage is not recovered. It is against the defendant's disadvantage, or that the defendant has no record of punishment exceeding the fine, there is no record of punishment exceeding the fine, and the victims deposited KRW 2 million with the victim. In full view of all other circumstances that form the conditions for the sentencing of this case including the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., the sentence imposed by the court below is somewhat unreasonable. Thus, the defendant and his defense counsel's allegation of unfair sentencing is reasonable.

B. The "direct physical damage", which is the object of a compensation order under Article 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Litigation with Respect to the Application for Compensation Orders, refers to the value of the property or profits illegally acquired in case of property crimes, such as fraud. In this case, since delay damages in this case cannot be deemed as direct damage due to crime, it is difficult to consider it as direct damage, and thus, compensation order should be made only for money equivalent to the amount acquired by deceit. However, the court below's decision is the amount equivalent to