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The defendant's appeal is dismissed.
The defendant shall pay 5,00,000 won to the applicant for compensation by deceit.
3.2
Reasons
1. The summary of the grounds for appeal (six years of imprisonment) by the lower court is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have determined a punishment within a reasonable scope by fully taking into account all the circumstances regarding sentencing. Furthermore, there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment.
Therefore, in light of the fact that the lease deposit is the core property for the stabilization of the victims' residence and it is necessary to punish all accomplicess with strict punishment corresponding to the crime. Since the crime of this case was committed in a systematic and systematic manner over a long-term period, the crime of this case is very poor, and even though the damage amount caused by the crime of this case is more than 5.3 billion won, it is deemed that the victims' damage has not yet been recovered, it cannot be deemed that the court below’s punishment has exceeded the reasonable scope of discretion or is too unreasonable.
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 remedy order filed in the trial is well-grounded. Thus, pursuant to Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the defendant shall be ordered to compensate the defendant for 55,00,000 won which he/she acquired by deceit from the applicant for compensation, and the provisional execution is ordered to be attached to the above compensation order pursuant to Article 31 (3)