All appeals filed by the defendant and prosecutor are dismissed.

The defendant shall obtain money 7,310,000 won from R who is an applicant for compensation.

Summary of Grounds for Appeal

A. The sentence imposed by the lower court (one year and six months of imprisonment, confiscation, and return) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court with respect to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s given that no new sentencing data was submitted to the health team and the lower court for the instant case based on the foregoing legal doctrine. In full view of the various sentencing conditions revealed in the process of pleadings in the instant case, the lower court’s sentencing is too heavy or too heavy, and thus, goes beyond the reasonable scope of discretion.

3. In conclusion, since the appeal filed by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and since the application for compensation order filed by the applicant for compensation is well-grounded, it is ordered to compensate the defendant for the amount of KRW 7,310,000 obtained by deceit pursuant to Articles 25(1), 31(1) and 31(2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., and it is decided as per Disposition by attaching a provisional execution