The defendant's appeal is dismissed.

The judgment below

Among the compensation, the compensation order against the applicant C shall be revoked.

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. Determination

A. After the judgment of the court below on the unfair argument of sentencing, the Defendant was ordered to be the victim C (Y).

hereinafter referred to as “C”) agreed upon.

However, considering the overall circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment cannot be deemed unreasonable, even if it is deemed that the circumstances alleged by the Defendant are considered as grounds of appeal.

The defendant's argument of sentencing is not accepted.

B. Where an appeal against an ex officio judgment of conviction is filed, the confirmation of the order for compensation is interrupted, and the order for compensation is transferred to the appellate court (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and even where the judgment of the court below is maintained at the appellate court (Article 33(4) of the same Act). The court below issued an order for compensation to the applicant C to pay an amount of 4.3 million won of embezzlement to the applicant C, but C agreed upon with the Defendant at the appellate court.

Therefore, since an applicant C's application for compensation falls under a case where the scope of liability for compensation is not clear due to the agreement, it is difficult to maintain the part of compensation order for C in the judgment below.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

Pursuant to Article 33 (4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the court below's order for compensation to the applicant C shall be revoked and the application for the compensation order shall be dismissed.

Pursuant to Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the Defendant shall order the applicant F to compensate for the amount of 16.4 million won by fraud, and the sentence of provisional execution shall be attached. It is so decided as per Disposition.