The defendant's appeal is dismissed.

The court below's order for compensation shall be amended as follows:

The defendant.

1. The summary of the grounds for appeal (an offence No. 1 in the original judgment: Imprisonment with prison labor for 8 months, and a crime No. 2 in the original judgment: a fine of 2 million won) declared by the lower court is too unreasonable.

2. The judgment defendant recognized the crime and is in depth divided.

At the time of the pertinent drunk driving, the Defendant’s blood alcohol concentration was lower than 0.078%.

The instant fraud is a concurrent crime between fraud for which judgment has become final and conclusive and the latter part of Article 37 of the Criminal Act.

The defendant is now aged as 66 years old, and has been unable to work as a brokerage assistant before being detained in this case.

However, the Defendant had a record of being punished several times due to drinking driving, and even before the instant case, there was a record of being punished for a suspended sentence on or around 2012.

The crime of fraud of this case is not a good crime because the defendant acquired 59 million won in sum on five occasions by using the victim's trust that he saw up up to brying in a soup.

Until the trial of the case, it was impossible to agree with the victim, and no particular damage was paid.

In addition, in full view of all the sentencing conditions shown in the records and arguments, such as the character, conduct, environment and family relationship of the defendant, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

4. An applicant for the revision of the compensation order filed an application for compensation order of KRW 56,00,000 with the person who received reimbursement of KRW 3,00,000 out of the amount obtained by deceitation.

Nevertheless, since the lower court ordered the payment of KRW 59,00,000, the lower court changed the order to recognize it within the scope of the application and rendered a judgment in accordance with Articles 25(1) and 31(1), (2), and (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.