The defendant's appeal is dismissed.

The defendant pays 40,000,000 won to the applicant for compensation by fraud.

1. The punishment (one year and six months of imprisonment, confiscation) of the judgment of the court of first instance against the accused in the summary of the grounds for appeal 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, there is no change in the sentencing conditions, including: (a) the submission of new sentencing data in the trial; (b) the submission of them was not made; and (c) the circumstances favorable to the Defendant specified in the judgment of the first instance court (such as the recognition and reflection of the Defendant’s crime; and (d) the criminal records prior to the Defendant’s judgment); and (c) the need for strict punishment; (d) the degree of the Defendant’s participation in the crime; and (e) the degree of damage recovery; and (e) there is no change in the sentencing conditions, such as the Defendant’s age, character and behavior, environment, motive and background of the crime; (e) the means and consequence of the crime; and (e) the circumstances after the crime, etc., the sentencing of the court of the first instance cannot be deemed unfair because it excessively deviates from the reasonable scope

3. Although the appeal by the defendant is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is decided as per Disposition by ordering the defendant to pay the money obtained by deceit to the applicant for compensation in accordance with Articles 25(1) and 31 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.