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The defendant's appeal is dismissed.
The defendant shall receive 320,000 won from AF, who is an applicant for compensation, and the BS, who is an applicant for compensation.
Reasons
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal 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. In full view of the following factors: (a) the reasons for sentencing specifically stated by the lower court are as follows: (b) the Defendant’s age, character and conduct, records of the crime, motive or circumstance of the crime; and (c) the punishment imposed by the lower court was conducted within the reasonable scope of discretion; and (d) the punishment imposed by the lower court is not heavy.
3. According to the evidence duly adopted and examined by the court below and the trial court, the defendant can recognize the fact that the defendant acquired 320,000 won from AF, an application for compensation, and 54,000 won from BS, an application for compensation, respectively, and the defendant is obliged to pay the above defraudation to the applicant for compensation.
4. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and all applications for compensation are with merit. Thus, under Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the defendant shall be ordered to compensate the defendant for the above fraud, and a provisional execution sentence is attached pursuant to Article 31 (3) of the above Special Cases. It is so decided as per Disposition.