The judgment below

The defendant's appeal concerning the defendant's case is dismissed.

The judgment below

an applicant for compensation.

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. Determination ex officio on a compensation order

A. When an appeal is filed against a conviction, the order for compensation is prevented from becoming final and conclusive, and it is transferred to the appellate court along with the Defendant. Therefore, even if the Defendant appealed only the Defendant’s case among the judgment below and did not object to the part of the order for compensation, the part of the order for compensation was transferred to this court.

B. According to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “the Litigation Promotion Act”), when a judgment of conviction is rendered against a criminal act in fraud, etc., the court may order compensation for direct physical damage, medical expenses, and consolation money arising from the criminal act in the case of the defendant upon the victim’s application, etc. (Article 25(1)1). Where it is deemed unreasonable to issue an order for compensation, the court shall dismiss the application for compensation by its ruling (Article 32(1)3). In a case where the existence or scope of the defendant’s liability is unclear, the court shall not issue an order for compensation (Article 25 subparag. 3 subparag. 3). According to the records of the court below, the applicant for compensation is seeking compensation of KRW 85,50,000 exceeding KRW 79,795,113,000, which is the amount obtained by fraud as stated in the indictment, and at the rate of 15% per annum from the day after receiving the application for compensation.

In doing so, the applicant for compensation at the lower court did not clearly state whether the above excess KRW 5,704,887 (i.e., KRW 85,50,00 - KRW 79,795,113) was consolation money for the instant crime, or whether it was a physical damage due to the instant crime, other than the instant fraud. It did not clearly state the grounds for seeking compensation for the amount calculated at the rate of 15% per annum from the day following the day when the application for compensation was served to the day when the payment was complete.

In addition, the court below's first time.