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The defendant's appeal is dismissed.
The defendant pays 183 million won to an applicant for compensation.
3.2
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two months) of the lower court is too unreasonable.
2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle on the assertion of unfair sentencing, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s sentencing
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and in full view of all the factors indicated in the records of this case, the lower court’s sentencing was imprisoned and exceeded the reasonable scope of discretion.
3. According to the records of the judgment on the application for compensation, the fact that the defendant defrauded KRW 212 million from the applicant for compensation, the fact that the defendant already repaid the amount of KRW 29 million to the applicant for compensation before the complaint of this case, and the victim has applied for compensation of KRW 183 million, excluding the amount repaid out of the above money by deceit, and thus, the defendant is obliged to pay KRW 183 million to the applicant for compensation.
4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and since the application for compensation by the applicant for compensation is well-grounded, it is ordered to compensate the defendant by deceit pursuant to Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and it is ordered to attach a declaration of provisional execution to the above order pursuant to