The defendant's appeal is dismissed.

The defendant pays 3,500,000 won to the applicant H. The above compensation order shall be given.

1. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are that a person with disability who has difficulty in finding the reasons for appeal is unable to move together and is deemed to have reached the crime of this case due to his or her gambling while living in the hospital, and that there is a misunderstanding of the fact that there is no criminal record exceeding the fine, and

However, there is a considerable amount of fraud, planned crime, and the method of deception is highly likely to be criticized, most of the victims are those who are economically difficult, and victims have not recovered from damage, and they want to be punished strictly by the defendant is disadvantageous to the defendant.

In addition, considering the Defendant’s age, sex, environment, circumstances leading to the Defendant’s crime, means and consequence, the circumstances after the commission of the crime, and all the sentencing conditions indicated in the instant records and arguments, even if considering that the Defendant’s health is not good, the sentence imposed by the lower court is appropriate and the sentencing judgment by the lower court exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's assertion is without merit.

3. According to the evidence duly adopted and examined by the trial court on the application for a compensation order, it is recognized that the Defendant acquired 3,500,000 won by fraud of the instant fraud by deceiving the applicant H for compensation.

Therefore, the defendant is obligated to pay 3,500,000 won to the applicant H 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. Since an applicant for compensation order is well-grounded, an application for compensation order filed by H is reasonable, pursuant to Articles 25(1), 31(1), and 31(2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.