The defendant's appeal is dismissed.

The defendant shall pay 85,00 won to the applicant for compensation by deceit.

3.2

1. Determination on the grounds for appeal

A. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

B. In full view of the grounds for sentencing indicated in the argument and record of the instant case, the lower court appears to have reasonably determined by fully considering the various grounds for sentencing asserted by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

2. The applicant filed an application for compensation order with the Defendant for a total of KRW 273,200 (i.e., fraud amount of KRW 85,00,000, KRW 18,200, KRW 170,000).

According to the evidence duly adopted and investigated by the court below, the defendant can be recognized that he acquired 85,00 won from the applicant for compensation. Thus, the defendant is obliged to pay 85,000 won to the applicant for compensation.

However, it is difficult to view the portion of transportation cost claimed by the applicant as a direct material damage caused by the criminal act, and the remaining portion of the claim for consolation money is unclear whether or not the defendant is liable for compensation or not, and thus, it is not acceptable to accept

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the application for compensation filed in the court of the trial is with merit within the above scope, and thus, it is so decided as per Disposition by the assent of all participating Justices on the bench's decision that the defendant partially accepted it and ordered provisional execution pursuant to Articles 25 (1) 1 and 31 (1) through