The prosecutor's appeal is dismissed.

An application for compensation order filed by an applicant D shall be dismissed.

1. The lower court’s sentence (two years of the suspension of the execution of six months’ imprisonment, and one hundred and twenty hours of community service order) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. Determination

A. The judgment on the grounds of appeal is not against the nature of the crime in light of the method of deception by the defendant mobilized for the crime of this case.

However, the defendant committed a crime late in the court below, committed a mistake, and committed a crime, and paid 25 million won, which is the amount equivalent to the money acquired by deceit, to the victim, and restored the damage.

The victim is also partly responsible for believing that high-income security presented by the defendant is an emergency, even though it is an emergency.

There is no criminal history for the defendant.

In full view of all the sentencing conditions in the pleadings of this case, including the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, it is difficult to deem that the lower court’s punishment is too unfeasible and unfair.

The prosecutor's assertion is not accepted.

B. The applicant D filed an application for a compensation order with respect to KRW 25 million, which was acquired by the Defendant, and according to the record, the Defendant paid KRW 25 million, which is the amount equivalent to the money acquired by the said applicant on September 13, 2018.

Therefore, the application for the instant compensation order constitutes a case in which the existence or scope of the Defendant’s liability for compensation against the said applicant is unclear, and thus, the application ought to be dismissed pursuant to Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the application for compensation order of this case is dismissed. It is so decided as per Disposition.