The appellate court shall dismiss an application for remedy by an applicant for compensation.

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The lower court, on the grounds of appeal, determined the sentence by taking account of the following factors: (a) the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime; (b) the fact that the form of the instant deception was inferior; (c) the amount of fraud was larger and the amount of fraud was not recovered at all; (d) the victims want to be punished against the Defendant; and (e) the victim B was punished by committing the crime against the same victim; and (e) the sentence was imposed by taking into account various sentencing conditions specified in

Even when considering the circumstances alleged as the grounds for appeal by the Defendant and the Prosecutor, the lower court seems to have determined the punishment within a reasonable scope, sufficiently taking into account all the circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

Therefore, the defendant and prosecutor's argument are without merit.

3. According to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings as to Application for Compensation Orders, an applicant may not raise an objection against the judgment dismissing an application for compensation or admitting the part thereof, and apply for the same compensation again.

(see, e.g., Supreme Court Decisions 2013Do14383, Jan. 23, 2014; 2016Do7968, Aug. 24, 2016). An applicant for compensation at the appellate court filed an application for the same order for compensation with the same content in the lower court but rejected it, but the appellate court filed another application for compensation with the same content again in the appellate court, and thus, the application for compensation order by the applicant for compensation at the appellate court is unlawful.

4. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the application for compensation order filed by the appellate court is unlawful.