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The defendant's appeal is dismissed.
The defendant shall pay 762,500 won to the applicant through fraud.
Reasons
1. The reasoning of the appeal (one year of imprisonment) by the lower court is too unreasonable.
2. Determination:
A. Although the Defendant’s judgment on the Defendant’s wrongful assertion of sentencing is contrary to the recognition of the instant crime, even though he/she was sentenced to a punishment due to the same type of crime under the same law, and was sentenced to several fines in the form of continuing to prevent the same crime during the period of repeated crime, the Defendant committed the instant crime against five victims repeatedly during the period of repeated crime, and the amount of damage is too bad, and the agreement or the amount of damage has not yet been reached yet.
In addition, given that the Defendant’s age, sex, environment, family relationship, economic condition, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is groundless.
B. According to the evidence duly admitted and investigated by the court below regarding the application for compensation by the applicant for compensation, since the accused's fraudulent charges against the applicant for compensation are found guilty, the application for compensation seeking compensation order of KRW 762,500 is justified.
However, according to Article 25 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, in cases where a judgment of conviction is rendered on a fraudulent defendant's case, the court may order the compensation of direct physical damage, medical expenses, and consolation money which occurred from the criminal act of the defendant's case, either ex officio or upon request by the victim, etc.
3. In conclusion, the appeal by the defendant is dismissed, and the application for a remedy order is partially accepted pursuant to Articles 25(1), 31(2) and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and a provisional execution is attached to the above remedy order and a provisional execution is ordered.