The judgment below

The defendant's appeal regarding the remainder, excluding the part concerning the application for compensation order, is filed.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. Considering the circumstances asserted by the Defendant on grounds of appeal and the circumstances that the Defendant agreed to pay KRW 2 million to the victim C at the trial of the party, the Defendant paid KRW 11 million to the victim D with payment of the damage of this case, as alleged by the Defendant, in light of the circumstances asserted by the Defendant on grounds of appeal and the circumstance that the Defendant agreed to pay KRW 2 million to the victim C.

Even if the sentence of the court below against the defendant is too unreasonable, it is not unreasonable.

B. The lower court ordered the Defendant to pay KRW 4,60,000 by fraud with respect to the applicant C and D, and KRW 196,80,000 for the applicant D, respectively, by citing the entire application for compensation order filed by the applicant C and D.

However, according to the records of this case, the defendant paid 2 million won to the applicant C out of the amount of money acquired through deception, and submitted a written agreement with C to the effect that C does not want the punishment of the defendant. In addition, the defendant has remitted 11 million won to the applicant D.

According to this, the existence and scope of the defendant's compensation applicant C and D is not clear.

Therefore, it is not reasonable to issue an order for compensation in this case, which is a criminal procedure.

Therefore, among the judgment below, the compensation compensation order against the applicant C and D cannot be maintained any more.

3. In conclusion, the appeal by the defendant against the part of the case of the court below against the defendant (excluding the part concerning the application for compensation order) is groundless and thus, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act (Article 25 (1) of the Regulation on Criminal Procedure according to the prosecutor's written indictment correction application).