Defendant

All appeals by prosecutors are dismissed.

The defendant shall receive 71,600,000 won from the applicant for compensation by deceit.

1. Summary of grounds for appeal;

A. The lower court’s sentencing (eight months of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too unjustifiable.

2. In light of the fact that the crime of this case was committed by deceiving the victim and deceiving the victim of a massive amount of KRW 71.6 million, and that it is not good to the nature of the crime, and that it is not agreed with the victim, it is necessary to strictly punish the defendant.

On the other hand, there are extenuating circumstances, such as the fact that the defendant is not subject to the previous punishment or sentence, and that he/she is led to a confession and reflect on the crime, support of his/her wife and two children, and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents for which judgment becomes final and conclusive, etc.

In addition, considering all of the sentencing conditions in the instant case, such as Defendant’s age, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

3. As the appeal 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 the application for remedy order by the applicant for compensation filed in the trial room is justified and acceptable in accordance with Articles 25(1), 31(1), (2), and (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.