The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

1. The sentence imposed by the court below (five months of imprisonment) is too unreasonable.

2. It is true that the defendant recognized the crime of this case for the first time in the judgment of the court, and there is a condition for sentencing favorable to the defendant, such as there is no same kind of criminal record.

However, in full view of the fact that the amount obtained by the defendant is considerable, that the defendant did not agree with the victim until the trial is the party, that is not recovered from damage, and other circumstances that form the conditions for the sentencing specified in the instant case, such as the defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant and his defense counsel's above assertion of unfair sentencing is without merit.

3. It is recognized that it is inappropriate to issue an order for compensation in this case, which is a criminal procedure, since the defendant alleged that he/she partially repaid money on behalf of the applicant for compensation, and the scope of the defendant's liability for compensation is not clear.

Therefore, the application for remedy by the applicant for compensation is rejected.

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. Since an application for remedy order filed by the applicant for compensation is not reasonable, it is decided to dismiss it in accordance with Article 32 (1) 3 and Article 25 (3) 2 and 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., and it is so decided as per Disposition.