The prosecutor's appeal is dismissed.

An applicant for compensation shall be dismissed.

1. The sentence imposed by the court below (two years of suspended execution of imprisonment for eight months, and 40 hours of community service) is too unfeasible and unreasonable in light of the fact that the main purport of the grounds for appeal in this case is heavy in the amount of damage caused by the instant crime, and the victim’s damage has not been properly affected.

2. The lower court’s judgment on the Prosecutor’s appeal is that the amount of the defrauded money caused by the instant crime is not specified, and that the Defendant was unable to agree with the victim and the victim still wanted to punish the Defendant, etc. is disadvantageous to the Defendant.

However, the primary crime is the first crime, and all of the crimes of this case are recognized, and the defendant appears to have paid part of the amount (8 million won and interest on several months) to the victim, etc. are favorable to the defendant.

In full view of these circumstances, Defendant’s character and behavior, environment, relationship with victim, motive, means and consequence of the crime, etc., and the conditions of the sentencing as shown in the records and arguments, it cannot be deemed unfair since the sentence imposed by the lower court is too uneasible. Thus, the prosecutor’s assertion is without merit.

3. The applicant filed an application for compensation seeking compensation of KRW 60,000,000 against the Defendant in the first instance.

Article 25 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is a system that intends to order the compensation of damage suffered by a victim of a criminal act of a defendant only in cases where the amount of damage suffered by a criminal act of a defendant is specified and the scope of the defendant's liability is clear, thereby promoting the recovery of damage suffered by a victim simply and promptly. According to Article 25 (3) 3 of the Act on Special Cases Concerning the Settlement of Legal Proceedings, where the existence or scope of the defendant's liability for compensation is unclear, an order for compensation shall not be issued

Supreme Court on August 30, 2012