The prosecutor's appeal is dismissed.

The defendant shall pay 35 million won to the applicant for compensation by fraud.

3.2

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unfased and unreasonable.

2. In light of the circumstances properly explained by the court below in the reasons for sentencing, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentencing conditions indicated in the argument of this case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstance after the crime, even if there is no change in the sentencing conditions compared with the judgment of the court below, it cannot be said that the sentence imposed by the court below is too una

Therefore, the prosecutor's above assertion is without merit.

3. According to the records of this case as to the application for compensation at the trial of the court below, it is recognized that the defendant acquired 50 million won from the applicant for compensation as stated in paragraph (2) of the facts constituting the crime in the judgment below and paid 15 million won only thereafter. Thus, the applicant for compensation has reasons.

4. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the application for compensation by the applicant for compensation is well-grounded, and thus, the defendant is ordered to obtain the above money under Articles 25 (1) 1 and 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. and attaching a sentence of provisional execution to the above compensation order under Article 3