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The defendant's appeal is dismissed.
The defendant pays 336,00,000 won to the applicant for compensation by fraud.
3.2
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.
2. The lower court rendered the above sentence by taking account of the following factors: although the Defendant was the first offender, the Defendant was unable to recover the damage despite having suffered serious damage due to the instant crime; the Defendant’s age, character and conduct and environment; the motive and circumstance of the crime; and the circumstances after the crime.
However, there is no special circumstance or change in circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment, and the reason for sentencing alleged by the Defendant in the trial of the lower court appears to have been considered in all when determining the Defendant’s punishment at the lower court; further, even if the damage of the victim caused by the instant crime reaches KRW 390 million, the victim’s damage is not recovered at all up to the lower court, and the victim’s injury has not yet been gained, compared with the first instance court, and there is no change in the conditions for sentencing compared with the first instance court, and if the first instance sentencing does not exceed the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015).
Therefore, the defendant's assertion is without merit.
3. According to the evidence duly adopted and examined by the court below, the defendant can be found to have acquired 390 million won from the applicant for compensation (385 million won). The applicant for compensation filed an application for compensation with the court for the remainder of 336,000,000 won, excluding the part that he/she recognized to have received part of the above money, and the defendant fully recognized the obligation to pay the above money from the money acquired in the court of the trial. Thus, the defendant is obliged to pay the above money to the above applicant for compensation.