The judgment below

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

Defendant shall be punished by imprisonment for eight months.

1. The court below rejected the application for compensation by the applicant for compensation, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. Thus, the dismissed portion is excluded from the scope of the adjudication by this court.

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

3. The instant crime committed by the Defendant, a superior salesperson of a multi-level company, is likely to suspend account transactions against the victim, who is a subordinate salesperson, by deceiving him/her that he/she would be able to withdraw a deposit if the suspension is unsatisfy and complete payment of money. The crime of this case was committed by deceiving 4,350,000 won over eight times a year, and the crime is considerably poor in light of the relevant applicable law and content, including the plannedness and repetition of the crime.

The victim tried to escape the defendant's strict punishment over several times.

However, in full view of the fact that the defendant led to the crime of this case and reflects his mistake, it is necessary to determine punishment in consideration of equity with the sentencing of the same and similar incidents, including favorable circumstances such as the fact that the defendant paid 15 million won to the victim in the trial at the same time when the crime of this case and the crime of fraud, etc. in the judgment of the court below that became final and conclusive, and the defendant paid 15 million won to the victim in the trial at the same time and agreed that the victim does not want the punishment of the defendant, and other conditions of punishment as shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, etc.

Therefore, the defendant's above assertion is justified.

4. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is ruled

[The reasons for the judgment in multiple times] criminal facts and summary of evidence.