The judgment below

The appeal filed by both the Defendant and the prosecutor on the part of the case is dismissed.

The judgment below

(2).

Summary of Reasons for appeal

A. The Defendant’s sentence is too heavy, and the compensation order amount was calculated excessively.

B. The Prosecutor’s sentence to the lower court is too minor.

There is no change in the sentencing conditions after the judgment of the court below on the unfair argument of sentencing by the defendant and the prosecutor.

In full view of all the circumstances described in the reasons for sentencing and all other conditions of sentencing as shown in the record, the sentence imposed by the court below against the defendant is determined within the scope of the court’s discretion for sentencing, and is too heavy or light to the extent that it cannot avoid reversal.

shall not be deemed to exist.

According to the records of the judgment on the part of the compensation order, the defendant paid part of the money obtained by deceit of this case to the victim.

On the other hand, while the victim denies it, it is not clear whether or not the defendant is liable for compensation to the applicant who is the victim.

Therefore, since this case constitutes a case where the applicant cannot issue a compensation order, the part of the judgment of the court below on the compensation order cannot be maintained any more.

In conclusion, both the Defendant and the Prosecutor’s appeal regarding the part of the judgment of the court below concerning the Defendant are dismissed. Of the judgment of the court below, the part concerning the compensation order against the applicant for compensation in the judgment of the court below is revoked pursuant to Article 33(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and the application for compensation order filed by the applicant for compensation in the court below pursuant to Articles 32(1)3 and 25(3)3