The defendant's appeal is dismissed.

The defendant pays 10 million won to the applicant through deception.

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of direct determination, has the inherent area of the first deliberation as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, in the instant case, there is no particular change in the conditions of sentencing because new sentencing data are not submitted at the health team and the trial court, and there is no change in the conditions of sentencing as to the instant case’s age, sex, sex, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., the lower court’s punishment was too excessive and exceeded the reasonable scope of discretion.

shall not be deemed to exist.

3. According to the judgment of the court below and the evidence duly adopted and examined by the trial court as to the application for compensation of the applicant, the defendant is recognized to have acquired the amount of KRW 10 million from the applicant for compensation. Thus, the defendant is obligated to compensate the amount of the compensation amount (the part exceeding the above amount of the amount of the application for compensation by the applicant for compensation is not clear within the scope of the liability for compensation. However, the applicant for compensation in this case asserts that "the defendant acquired the amount of KRW 16 million from the damaged person, and stolen other Handphones, and stolen other Handphones, stamping, cash, etc. when galthothothotho," while the amount of damage caused by the crime in this case was stated as KRW 16 million, the amount of the application for compensation order exceeds KRW 40 million,000,000,000,000 and KRW 10,000,000,000,000.