The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation filed in the appellate court shall be dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the penalty (4 million won) imposed by the lower court is too unreasonable.

2. The fact that the defendant additionally repaid KRW 80,000,000 to the victim on May 5, 2020, KRW 300,000 on June 5, 2020, and KRW 200,000 on November 23, 2020 is recognized when the grounds for appeal were judged.

However, the victim would pay 2 million won by the end of March 2020 when the defendant submitted an application for non-criminal punishment.

If the defendant submitted a written application to the court of first instance to the effect that he does not comply with the promise of repayment in return for the promise of repayment, and the defendant repeatedly promised to repay repayment to the victim, and repeatedly postponed the date of sentence two times, and this court postponed the sentence, but does not submit the details of additional repayment, and comprehensively takes into account the sentencing factors of the defendant, such as the defendant's age, sexual behavior and environment, motive for the crime, and circumstances after the crime, etc., the sentencing of the court below exceeded the reasonable scope of discretion, because it is too unreasonable to determine the sentencing of the court below.

It does not appear.

Therefore, the defendant's argument of sentencing is without merit.

3. According to the records of this case as to the application for compensation order, it is not reasonable to grant compensation order based on the judgment of the court below, in full view of the following: (a) the amount of compensation applied by the applicant for compensation and the amount of fraud caused by the crime of this case is not the same as the amount of money obtained by the applicant for compensation; (b) the Defendant partially repaid the amount of money acquired by the Defendant to the applicant through several times up to the trial of the case; and (c) the applicant submitted an application for compensation to the effect that “the applicant organized part of the original amount and agreed with the Defendant” in the trial of March 29, 2020.

Therefore, there is no reason to apply for compensation order by the applicant for compensation in the trial.

4. As such, the Defendant’s appeal is without merit, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.