The defendant's appeal is dismissed.

The defendant pays 800,000 won to X for the compensation of the trial of the party.

The sentence (two years of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect the determination of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant recognized and against the instant crime.

However, despite the fact that the defendant had been punished several times for the same crime, he committed the crime of this case.

The sum of money that the defendant acquired by deception and embezzled is about KRW 95 million and the degree of injury suffered by the victim G is significant.

Until now, victims have not recovered from their damage.

In addition, comprehensively taking account of various conditions of sentencing, such as Defendant’s age, health status, environment, family relationship, circumstances after the commission of the crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the commission of the crime, the sentence imposed by the lower court cannot be deemed to be unfair because it goes beyond the scope of reasonable discretion.

The defendant's argument of sentencing is without merit.

3. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the application for compensation order, the fact that the defendant, as stated in the facts constituting the crime in the judgment of the court below, took 80,000 won from X to the date of the judgment of the court below and did not change it.

Therefore, the defendant is obligated to pay 80,000 won to the applicant X for the compensation of the trial.

4. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendant’s appeal is without merit, and the Defendant’s appeal is reasonable, and thus, the Defendant is entitled to compensate the Defendant for the amount obtained by deceiving the Defendant to the applicant pursuant to Articles 25(1), 31(1), and 31(2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.