The defendant's appeal is dismissed.

The defendant pays 330,000 won to the applicant for compensation by fraud.

3.2

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six 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 unabundled and exceeded the reasonable scope of discretion.

3. According to the record of judgment on the application for compensation, the defendant is obligated to pay 330,000 won to the applicant for compensation, since it is recognized that the defendant acquired 330,000 won from 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 that the above order be declared provisional execution in accordance with Article

[However, according to the evidence record 34 pages, since it is apparent that the date when the defendant acquired 330,000 won from the victim J is October 30, 2018, the defendant is deemed to be the date when he acquired 330,000 won from the victim J, ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure, the defendant’s last act of crime 1 as stated in the judgment of the court below shall be deemed to be “before November 2, 2018,” and the defendant’s term “date and place” No. 6 of the list of crimes in [Attachment] shall be deemed to be changed to “Internet B on November 02, 2018.”