The defendant shall pay 18,00,000 won to the applicant for compensation by deceit.

3.2

The sentence of the lower court (ten months of imprisonment, two years of suspended execution, and 160 hours of community service order) is too unhued and unreasonable.

In light of the circumstances and the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, etc., the court below’s determination on the prosecutor’s assertion of unfair sentencing should take into account the sentencing conditions as indicated in the records and arguments. In light of the above, it is difficult to see that the court below’s punishment is too uneasible and unreasonable, even if there is no change in circumstances that could change the sentence of the court below in the court below’

Therefore, the prosecutor's assertion of unfair sentencing is not accepted.

According to the evidence duly adopted and examined by the court below regarding the application for compensation order, since the defendant can be recognized that he acquired 18,000,000 won from the applicant for compensation, the defendant is obliged to pay 18,000,000 won to the applicant for compensation.

(On the other hand, the applicant for compensation refers to the payment of 24% annual damages for delay of the contract on the money acquired through deception other than the above money. However, according to Article 25 (1) 1 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the criminal court can order only the direct damage caused by the criminal act of the accused case, and the agreement on the money acquired through deception and the statutory damages for delay do not constitute direct damage caused by the criminal act of this case, and the part on damages for delay is not accepted). Accordingly, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act as there is no reason for the prosecutor's appeal, and the application for compensation order by the applicant for compensation is reasonable within the above recognized scope, and therefore, the application for compensation order by the applicant for compensation is ordered to compensate the defendant for 18,000,000 won of the money acquired through deception pursuant to Article 25 (