The defendant shall compensate the applicant for compensation of KRW 22,50,000,000.

3.2

The punishment of the court below (six months of imprisonment, two years of suspended execution) shall be deemed to be too unhued and unfair.

Judgment

The suspension of execution due to fraud in 1993, which has criminal records of being sentenced to a fine of two million won due to occupational embezzlement in 2003, and that is not agreed with the victim is disadvantageous to the defendant.

Considering the various circumstances, including the fact that the Defendant appears to have used part of the borrowed money for medical expenses of the parent-child in its borrowed name, and the fact that the victim has repaid 11.5 million won to the victim, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair and light.

Since the facts charged against the victim B are found guilty as to the application for compensation order at the trial court, the application for compensation order for the remaining 2,250,000 won, which is obtained by deducting the repayment amount of KRW 1,50,000,000, which is recognized by each statement of the defendant and the victim, from the defrauded amount of KRW 34,00,000,000, is reasonable.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the prosecutor's appeal is without merit, and since the application for compensation order by the applicant for compensation at the trial is well-grounded, it is decided as per the disposition by admitting it in accordance with Articles 25 (1) and 31 (1) through (3) of the Act on Special Cases