The judgment below

The defendant's appeal as to the part of the defendant's case is dismissed.

G related to the lower court’s application for compensation.

1. Determination of the summary of the grounds for appeal (unfair imprisonment with labor for a period of two years and six months) is unreasonable;

2. Determination

A. The sentence imposed by the court below on the part of the defendant's case is within the scope of the recommended sentencing guidelines (one to three years of imprisonment).

In consideration of the accused's reflectivity, punishment was imposed after considering the circumstances after the crime such as the number of victims and the amount of fraud, the nature of the crime, and the use of the fraud, and the recovery of the damage.

The court below did not err in selecting and applying sentencing factors.

Although the defendant pointed out the circumstances that he reported about the accomplice, it does not reach the extent of changing the sentencing judgment of the original court.

Even if this court re-examines the sentencing factors and other factors of sentencing which are set forth in the sentencing guidelines for fraud, the determination of the original sentence is inappropriate.

B. An ex officio determination order of the order for compensation related to G-related compensation, which is the application for compensation by the lower court, is a special form of litigation permitted to bring an action in particular incidental to the criminal procedure in order to facilitate the victim’s recovery from damage, in cases where certain requirements are met under Article 25 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., not issuing an order

From the day after the compensation order was served, the period during which the compensation obligation arrives is recognized to result in delay of the defendant.

The damages for delay shall be calculated by the statutory interest rate prescribed by the Civil Act, unless otherwise prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

The damages for delay in the amount of KRW 85,00,00 in the application for compensation filed by G shall be limited to the range calculated by the rate of 5% per annum under the Civil Act from the following day ( April 11, 2020) to the day of complete payment of the copy of the application for compensation order.

The part of the G-related compensation order which is an application for compensation by the court below shall not be maintained.

3. The defendant's appeal as to the part of the defendant's case in conclusion is with merit.