The defendant's appeal is dismissed.

The defendant pays 101,00,000 won to the applicant for compensation by fraud.

3.2

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The Defendant shows his attitude to recognize and reflect all of his criminal acts, and there is no record of punishment exceeding the same kind of crime or fine.

Defendant has family members to be supported.

On the other hand, the crime of this case was committed by deceiving the victim about 110,000,000 won through over 6 months as the defendant has neglected his own financial power and is running his business, and the crime of this case is not good.

Nevertheless, the defendant has not made any effort to recover the damage of the victim.

In full view of the Defendant’s age, character and conduct, environment, motive, means, consequence, circumstances after the crime was committed, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion, taking into account all the sentencing conditions and sentencing criteria as indicated in the instant argument.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. The applicant filed an application for compensation seeking payment of KRW 110,000,000 at the trial.

According to the evidence duly admitted by the court below, the defendant acquired 110,000,000 won from an applicant for compensation who is the victim of the crime of this case, but it can be recognized that 9,000,000 won has been repaid. Thus, the defendant is obligated to pay 101,00,000 won, which is a part of the fraudulent money, to the applicant

4. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

Since the application for compensation by the applicant for compensation is well-grounded, the compensation amount of KRW 101,00,000 shall be ordered pursuant to Article 25 (1) 1 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and a sentence of provisional execution shall be attached pursuant to Article 31 (3) of the same Act

However, Article 25 of the Regulations on Criminal Procedure is evident that “the facts of crime” of the lower judgment is a clerical error in the phrase “ July 15, 2017” in the corresponding part of the corresponding part of the “crime.”