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The defendant's appeal is dismissed.
An applicant for compensation shall be dismissed.
Reasons
1. The 6-month imprisonment sentenced by the court below is too unreasonable.
2. The judgment of the court below is not deemed to be unfair because the punishment of the court below is too inappropriate in light of the following factors: although the defendant is acknowledged as a primary offender with no criminal power, and reflects his mistake, it is recognized that the amount of fraud is a total of KRW 90,00,000,000, and the damage was not considerably recovered, the defendant was not used by the victim, and other conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, etc.
3. The applicant may not make the same application for compensation again against the judgment dismissing the judgment on the application for compensation.
(Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. However, the applicant filed an application for compensation after having filed an application for compensation at the lower court and again received a decision of dismissal, and then filed an application for compensation with the same content in the trial.
[victims may apply for compensation order until the closure of pleadings at the court of first instance or the court of second instance (Article 26(1) of the same Act). However, the applicant for compensation is unlawful in that he/she filed an application for compensation on December 15, 2020, which was after December 10, 2020, which was the date of the closing of argument at the court of first instance. 4. As such, the Defendant’s appeal is without merit. Thus, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and the application for compensation by B, which is the applicant for compensation at the court of first instance, is dismissed pursuant to Article 32(1)1 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., and is so dismissed.