The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

1. The decision of the court below on the summary of the grounds for appeal (two years and six months of imprisonment, confiscation) is too unreasonable.

2. Considering the fact that the defendant's participation in the trial reflects his own crime, the crime committed by the defendant is serious crime that causes serious social harm, such as causing damage to an unspecified number of unspecified victims in a planned and systematic manner; most of the damage was not recovered; the victims did not receive a letter; there are no special circumstances or changes in circumstances that may be reflected in the sentencing after the decision of the court below was rendered; and other various circumstances, including the defendant's age, character and behavior, environment, relationship with the victim, motive and consequence of the crime, etc., the sentencing of the court below does not seem to be too heavy beyond the scope of reasonable discretion, and thus, the defendant's assertion is not acceptable.

3. According to Article 26(7) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Determination of Application for Compensation, an injured party may not file an application for compensation when a claim for damages arising from criminal act of the accused case is pending in a court.

The applicant for compensation filed an application for compensation of KRW 23,00,000 with the Defendant on October 4, 2018. However, according to the records, the applicant filed a lawsuit claiming compensation against the Defendant on April 25, 2018 with the Seoul Southern District Court 2018Da23481, and filed a lawsuit claiming compensation of KRW 23,00,000 against the Defendant on April 25, 2018, and such lawsuit is pending, the applicant for compensation is unlawful.

4. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the application for compensation by the applicant for compensation is promoted.