사기
The defendant's appeal is dismissed.
The defendant pays 5,000,000 won to the applicant through fraud.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the court below's sentence imposed on the defendant (the imprisonment of one year and one year and ten months, and the imprisonment of three and four years) is too unreasonable.
2. Comprehensively taking account of the circumstances revealed in the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by fully considering all the circumstances, including the grounds for sentencing asserted by the Defendant. Therefore, the Defendant’s argument of sentencing is without merit
3. In conclusion, 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. It is so decided as per Disposition. Since the application for a compensation order filed in this court is a road with a specific amount of five million won as the damage amount of the applicant K's damage among the criminal facts of this case, it is reasonable to see the compensation by fraud in accordance with Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and attaching a provisional execution to the compensation order pursuant to Article 31 (3) of the same Act.