사기
The defendant's appeal is dismissed.
The defendant shall pay 60,000 won to the applicant for compensation. This compensation order shall be issued.
1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. In full view of the circumstances favorable to the defendant, such as the fact that the defendant recognized the facts charged in this case, the amount of damage compared to the frequency of the crime, and the fact that the defendant is making efforts to faithfully compensate for damage, etc., and the defendant was punished several times in favor of the defendant, and repeated the crime of fraud in trading goods, and the period of the crime is not shorter than the period of the crime, and other various circumstances shown in the records and arguments in this case, including the defendant's age, sex, sex, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is appropriate, and the sentencing decision by the court below exceeded the reasonable limit of discretion.
There are no circumstances such as evaluation or maintenance of it is deemed unfair.
Therefore, the defendant's assertion is without merit, since the defendant's punishment sentenced by the court below is too unreasonable as the defendant claims.
3. According to the evidence duly adopted and examined by the lower court regarding the application for compensation order, the fact that the Defendant acquired 60,000 won by deceiving the applicant for the instant fraud by committing the instant fraud is recognized. Therefore, the Defendant is obliged to pay 60,000 won to the applicant for compensation.
4. In conclusion, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the application for compensation by the applicant for compensation is well-grounded only in the direct physical damage, and thus, the application for compensation order by the applicant for compensation is ordered to compensate the Defendant amounting to 60,000 won 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.