All appeals filed by the defendant and prosecutor are dismissed.

The defendant shall obtain money from the applicant for compensation 25,000,000 won.

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The Defendant recognized the instant crime and divided his mistake in determining the grounds for appeal by the Defendant and the Prosecutor.

There is no same criminal history for the defendant.

On the other hand, the amount of fraud in this case has not been much, but has abused personal trust relationship, and any damage has not yet been recovered.

In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s failure to submit new sentencing data at the trial; (b) the Defendant’s age, character and conduct, family environment, background, means and consequence of the crime; and (c) the various sentencing conditions indicated in the instant records and arguments, including the circumstances after the crime, etc., the lower court’s punishment is carried out within the reasonable scope of discretion, and thus, is too heavy

B. The applicant filed a compensation order of KRW 25 million against the Defendant for the first time in the trial.

According to the evidence duly admitted and examined by the court below, the defendant is found to have inflicted damage on the applicant for compensation of KRW 25 million due to the fraudulent act, such as the criminal facts stated in paragraph (2) of the judgment of the court below. Thus, the defendant is obligated to pay KRW 25 million to the applicant for compensation.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and with respect to the application for compensation order filed by the applicant for compensation, the compensation amount of KRW 25 million shall be ordered to the defendant under Articles 25(1) and 31(1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc., and provisional execution shall be ordered to be attached to the above compensation order pursuant to Article 31(3)