The defendant's appeal is dismissed.

The defendant shall pay KRW 390,000 to AC, which is an application for compensation.

3.2

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 en banc Decision 2015Do3260, Jul. 23, 2015). There is no new circumstance to change the sentence of the lower court in the trial. In full view of the following factors: (a) the reasons for sentencing specifically stated by the lower court are as follows: (b) the Defendant’s age, character and conduct, records of the crime, motive or circumstance of the crime; and (c) the punishment imposed by the lower court was conducted within the reasonable scope of discretion; and (d) the punishment imposed by the lower court is not heavy.

3. According to the evidence duly adopted and examined by the court below's judgment and the trial court's judgment on the application for compensation, the defendant can recognize the fact that the defendant acquired 390,000 won from AC, which is the application for compensation, which is the application for compensation by the court below, so the defendant has the obligation to pay the above defrauded money

(The above applicant also sought payment of damages for delay on the damage in addition to the above fraud money, but according to Article 25 (1) 1 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, a criminal court can order only direct damage caused by the fraud crime. However, since damages for delay on the above fraud money does not constitute direct damage caused by the fraud crime, the part on damages for delay shall not be accepted). 4. As such, the defendant's appeal is without merit, and this is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the application for compensation by the applicant for compensation by the trial court is reasonable. Thus, the defendant shall be compensated for the above fraud money against the defendant pursuant to Articles 25 (1), 31 (1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.