The defendant's appeal is dismissed.

The defendant shall pay 89,00,000 won to the applicant for compensation by fraud.

3.2

1. The sentenced by the court below to the summary of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court determined a sentence by comprehensively taking account of various circumstances as indicated in its reasoning, such as the following: (a) the Defendant appears to have committed a crime and committed a mistake; (b) the Defendant has no record of having been punished in excess of a fine (three times); (c) the Defendant was indicted due to the commission of a crime of Bosing, etc. in light of the characteristics and harm of Bosing; (d) even if the Defendant was indicted on charges of a crime of Bosing, etc. taking part in cash collection measures, he/she inflicted property damage on six victims for about two weeks; and (b) the gains earned by the Defendant are not at least KRW 20 million.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial. In addition, in the case of an application for compensation in the trial of the lower court, the extent of damage is considerable and the amount of severe punishment against the Defendant is sought, and even considering all sentencing factors indicated in the argument of the instant case, including the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the sentencing of the lower court seems to have exceeded the reasonable scope of discretion.

Defendant’s assertion is without merit.

3. Determination on the application for compensation

A. According to the evidence duly admitted and examined by the court below, the part concerning the claim for compensation order of 2020 early 126, the court below acknowledged the fact that the defendant acquired 89,00,000 won from the applicant for compensation at the court below. Thus, the defendant is obliged to pay the above money to the applicant for compensation at the court below.

In addition to the above fraud amount, the above applicant obtained 67,678,210 won by fraud.