사기등
The defendant's appeal is dismissed.
The defendant shall pay 75,00 won to the applicant for compensation by deceit.
3.2
1. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the lower court is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court on the Defendant’s assertion, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court. In full view of the factors revealed in the argument in the instant case, the lower court’s sentencing is too excessive and so it does not seem that the lower court exceeded the reasonable scope of discretion.
3. The applicant filed an application for compensation order with this court to pay KRW 500,000 (=125,000 consolation money KRW 300,000,000, such as the cost of lawsuit by fraud amounting to KRW 75,000).
According to the evidence duly adopted and investigated by the court below, the defendant can be recognized that he acquired 75,00 won from the applicant for compensation, so the defendant is obliged to pay 75,000 won to the applicant for compensation.
However, in addition to the above fraud amount of KRW 75,00, the applicant sought payment of the Criminal Procedure Costs of this case and consolation money. However, according to Article 25 (1) 1 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the criminal court can only order only direct physical damage caused by the fraudulent act. The above Criminal Procedure Costs do not constitute direct damage caused by the fraudulent act, and the scope of consolation money caused by the fraudulent act is not clear. Thus, the remainder of this part excluding the above fraud amount of KRW 75,00 is rejected.
4. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.