The defendant's appeal is dismissed.

The defendant pays 505,00 won to V, an applicant for compensation, who is an applicant for compensation.

3.2

1. The sentence imposed by the court below (one year and eight 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. Considering that the reasons for sentencing as stated by the lower court are the Defendant’s age, character and conduct, records of the crime, motive or circumstance of the crime, and the circumstances after the crime, the sentence imposed by the lower court was conducted within the reasonable scope of discretion.

3. Determination on the application for compensation

A. According to the evidence duly adopted and examined by the Busan District Court 2020 Seocho-222, the part of the application for compensation order by the court below and the court of the trial, the defendant can be found to have acquired 505,00 won from V, an applicant for compensation, so the defendant is liable to pay the above defrauded money to the applicant for compensation.

(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, the criminal court can order only the 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, the part on damages for delay shall not be accepted).

Article 26 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Application for Compensation Orders in Busan District Court (hereinafter "victims may file an application for compensation under Article 25 with the court in which the case is pending until the pleadings of the first or the second trial are concluded).