The defendant's appeal is dismissed.

The defendant pays 1,070,000 won to the applicant DW.

1. The sentence of the lower court (three years of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no particular change in the sentencing conditions compared with the lower court on the grounds that new materials for sentencing have not been submitted in the trial, and there is no change in the sentencing conditions compared with the lower court on the grounds that the sentencing revealed during the pleadings in the instant case was too excessive to exceed the reasonable scope of discretion, and thus, it cannot be deemed unfair.

Therefore, the defendant's argument of sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition. However, in accordance with Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the defendant's appeal is ordered to pay KRW 1,070,000 by deceitation against the applicant DW, and provisional execution is ordered to be attached in accordance with Article 31 (3) of the same Act.