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The defendant's appeal is dismissed.
The defendant shall pay 148,00,000 won to the applicant for compensation. The above compensation order shall be issued.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one year and two months of imprisonment) is too unreasonable.
2. In light of the fact that the Defendant’s judgment on the Defendant’s assertion was made in the first instance trial, and that the Defendant deposited KRW 12 million for the victim, and the circumstances alleged by the Defendant on the grounds of appeal, considering the instant records and arguments, the lower court’s punishment is too unreasonable as it is too unreasonable.
Therefore, the defendant's assertion is without merit.
3. An applicant for a compensation order shall seek payment of KRW 160,000,000,000 to the amount of damage acquired through deception.
According to the records, it is recognized that the defendant acquired a total of KRW 160 million from the applicant for compensation (i.e., ① KRW 150 million on Nov. 9, 2012; ② KRW 3 million on Apr. 4, 2014; ④ KRW 500,000 on May 4, 2014; and on the other hand, the defendant deposited KRW 12 million on May 16, 2018 for the applicant; on the second public trial date, the defendant deposited KRW 300,000 on May 20, 2014, after excluding the above KRW 200,000 on May 20, 2014; and on the other hand, he/she appropriated the above KRW 400,500,000 on his/her money acquired through deception and KRW 401,500,000 on Jul. 4, 2014; and on the other hand, he/she appropriated the remainder KRW 501,501,000,000.
4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. Since an application for compensation filed by the applicant for compensation is well-grounded within the above scope of recognition, it is accepted in accordance with Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and a provisional execution is attached to the above order for compensation pursuant to Article 31 (3) of the same Act, and the remainder of the applicant for compensation is with merit.