사기
All appeals by the defendant and the prosecutor are dismissed.
The request of the applicant for compensation shall be dismissed.
1. The summary of the grounds for appeal appealed from the lower court’s punishment (one year and six months of imprisonment) so far as it is so unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too unfasible and unfair.
2. The fact that the defendant recognized his mistake and reflects his fault, and that part of the victims paid the amount of damage is favorable.
On the other hand, in light of the period and method of the crime of fraud of this case and the amount of damage, etc., the crime of this case is very serious; the defendant had been punished several times for the same kind of crime including criminal records, and even if he had been punished for repeated crimes, he again committed the crime of this case; and most of the damages did not have yet been recovered until the damage has yet to be recovered.
In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too heavy or is not deemed unfair as it is too low. As such, the Defendant and the Prosecutor’s assertion are without merit.
3. The application filed by the applicant for compensation as to the application for compensation order is not clear, and the scope of the defendant's liability for compensation is not acceptable.
4. The appeal filed by the Defendant and the prosecutor in conclusion is without merit and all is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the application by the applicant for compensation is dismissed in accordance with Article 32(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.