The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

1. The gist of the grounds for appeal is unreasonable in light of the following: (a) the Defendant’s perception of the instant crime and reflects in depth the mistake while committing the instant crime; (b) the background leading up to the commission of the crime; and (c) the Defendant partially repaid the amount of damage, as well as the circumstances leading to the commission of the crime.

2. We examine the judgment on the grounds for appeal, and the current Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of direct determination of sentencing, has the unique area of the first instance court. As such, it is reasonable to respect the sentencing in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have determined the punishment by fully taking into account the favorable circumstances alleged in the first instance court. In so doing, the lower court committed the instant crime while the Defendant, who had been punished several times due to the same type of fraud as the instant case, committed the instant crime during the period of suspended sentence against the victim, and there is no special change in circumstances that the lower court would have to change the sentence after the pronouncement of the lower court’s judgment, and considering all the circumstances revealed in the records, such as the Defendant’s age, character, environment, environment, environment, motive, means and consequence, etc.

3. The purport of the application for compensation of this case by the applicant for compensation of this case is to seek payment of KRW 50,572,783 in total with the remaining money excluding some money repaid out of the money acquired through deception and the interest on delay thereof. This constitutes a case where the existence or scope of liability for compensation is unclear or it is not reasonable to issue an order for compensation in criminal proceedings.

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