The prosecutor's appeal is dismissed.

The defendant shall pay 23,678,210 won to the applicant for compensation by deceit.

3.2

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two years and six months of imprisonment, and confiscation) is too unhued and unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area of the first instance court regarding the determination of sentencing, and in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, comprehensively taking into account the favorable circumstances and unfavorable circumstances for the Defendant, determined the sentence against the Defendant, and there is no new change in circumstances that may change the sentence of the lower court in the trial.

The crime of this case is the crime of Bosing, which is the degree of participation of the defendant or the amount of damage, and the nature of the crime is bad and bad.

However, the defendant recognized his mistake and reflected his mistake.

The defendant seems to have committed the crime of this case in an economically weak state.

In addition, comprehensively taking into account the following circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, etc. of the defendant as shown in the arguments of the court below and the party branch, the sentence of the court below is deemed unreasonable because it goes beyond the reasonable scope of discretion.

3. According to the evidence duly adopted and examined by the lower court regarding the application for compensation order, the lower court recognized the fact that the Defendant acquired KRW 23,678,210 from the applicant for compensation, and thus, the Defendant is obliged to pay KRW 23,678,210 to the applicant for compensation.

However, since the remainder except the above 23,678,210 won among the application for compensation order of this case seems unrelated to the crime of this case, it is rejected.

4. According to the conclusion, the prosecutor’s appeal is without merit and it is in accordance with Article 364(4) of the Criminal Procedure Act.