The defendant's appeal is dismissed.

The defendant shall pay 280,000 won to the applicant for compensation by fraud.

3.2

1. The lower court accepted each of the applicants for compensation by the lower court, and the part of the compensation order pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings by the Defendant filing an appeal is deemed to have also been appealed.

However, although the defendant and his defense counsel did not state the grounds for appeal regarding the part of the order for compensation in the petition of appeal and the statement of grounds of appeal submitted, and even if ex officio examination, it cannot find the grounds for revocation and modification of this part, and therefore,

2. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

3. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In addition, there is no change in circumstances that may consider sentencing after the judgment of the court below, and there is no history that the defendant has been punished several times for the same kind of crime, and the defendant continuously and repeatedly committed the crime against the victims who have more than 20 persons in excess of 20 persons even though he/she was punished for a repeated crime due to the same crime. The crime is highly poor and the criminal liability is heavy, and the defendant did not agree with the victims up to the trial, even if considering the various sentencing conditions indicated in the records and arguments of the instant case, considering the fact that the sum of the acquired amount of the crime of fraud of the instant case does not exceed the reasonable scope of discretion, it does not seem that the punishment against the defendant is too excessive.

4. According to the evidence duly adopted and examined by the court below regarding the application for compensation order by the applicant for compensation at the trial court, the defendant is KRW 280,000 from the applicant for compensation at the trial as shown in the No. 14 of the crime list in the annexed Form 14 of the court below.