All appeals by the defendant and the prosecutor are dismissed.

The defendant shall obtain money of 300,000 won by fraud from the applicant for compensation (fashion) W.

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the grounds for appeal, and where 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 such a case, there is no change in the conditions of sentencing compared to the lower court’s judgment because new materials for sentencing have not been submitted at the trial court, and circumstances in which the Defendant and the Prosecutor alleged for each unfair reason for sentencing are already reflected in the grounds for sentencing of the lower court. Considering that the lower court’s circumstances, such as the Defendant’s age, sex, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., are considered to have already been reflected in the grounds for sentencing of the lower court, and it cannot be deemed that the sentence of the lower court is too heavy or unfunified

Therefore, the defendant and the prosecutor's assertion are without merit.

3. Determination on the part of the compensation order

A. Where an appeal is filed against a conviction of a compensation order in the lower court, the compensation order shall be transferred to the appellate court along with the Defendant case (Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit). According to the records, the Defendant filed an appeal against a conviction in the lower court, but the reason for appeal regarding the part of the compensation order in the petition of appeal and the reasoning of appeal submitted by the

Even if ex officio examination is conducted, the grounds for cancelling or amending the compensation order part of the judgment below may not be found.

Therefore, the judgment of the court below on the compensation order is maintained.

B. It is reasonable for W to apply for compensation of KRW 300,000,000 to the person who was the victim of the instant crime of fraud in this case, as the person who was the victim of the instant fraud in this case.