The defendant's appeal is dismissed.

The application for compensation of this case is dismissed.

The main reason for appeal is that the sentence imposed on the defendant (five years of imprisonment and fine of ten thousand won) is too unreasonable.

Judgment

If there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, 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 in the trial, and in full view of the reasons for sentencing revealed during the argument of the instant case, the lower court’s sentencing was too large and exceeded the reasonable scope of discretion.

It does not appear.

The defendant's ground of appeal is without merit.

Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits on Compensation Application (hereinafter referred to as the "Litigation Promotion") shall reject an application for compensation by ruling where it is deemed unreasonable to issue an order for compensation.

Article 25 (3) 3 of the Litigation Promotion Act provides that "where the existence or scope of defendant's liability is not clear, a compensation order shall not be issued."

“......”

In the case of this case, the applicant for compensation who is the victim of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) has reached the first instance trial, and applied for compensation, the applicant for compensation is claiming for the payment of "2,200,982,236 Won and USD 2,60,000,000, the principal amount which the applicant obtained by filing a lawsuit against the defendant in favor of the defendant under 12088, and only the delayed damages for 300,000,000, the principal amount which the defendant obtained by winning the lawsuit in favor of the defendant under 12088, and the late damages for 1,90,982,236 won and 260,000 dollars and damages for delay."

However, the defendant is liable for damages.