사기등
Defendant
All appeals by prosecutors are dismissed.
The defendant shall take money of KRW 30 million by fraud to the applicant for compensation.
1. The reason for appeal (unfair sentencing) asserts that the defendant is too unfasible to the punishment of the court below (two years of imprisonment with prison labor) and that the prosecutor is too unfased and unfair.
2. Comprehensively taking account of the arguments in this case and the reasons for sentencing indicated in the record, the lower court’s sentencing appears to have been appropriately determined by fully taking into account all the circumstances, including the various reasons for sentencing asserted by the Defendant and the Prosecutor. The circumstance that the Defendant led to the confession of each of the facts constituting the instant crime in the trial is difficult to view it as a special reason to ex post
3. In conclusion, the appeal filed by the defendant and the prosecutor is all dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the application for a compensation order filed in the trial of the party is well-grounded. Thus, the compensation for fraudulentation is accepted in accordance with Articles 25(1) and 31(1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and a provisional execution is attached to the compensation order pursuant to Article 31(3) of the same Act.