사기
The judgment below
The defendant's appeal as to the part of the defendant's case is dismissed.
The judgment below
Of them, the applicant for compensation is C.
1. The court below rejected the application for compensation order B, which is the applicant for compensation, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation order (Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings), and this part was immediately finalized.
Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of this court.
2. The lower court’s punishment (one year and six months of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.
3. In light of the various sentencing conditions indicated in the records and arguments, including the fact that each of the instant offenses was committed in light of the details and methods of the offense, the number of victims, the scale of damage, etc., and the victims’ damage has not been recovered, even if considering the family relationship, etc. of the Defendant, it is not recognized that the lower court’s sentence imposed on the Defendant for the reasons indicated in its reasoning is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is not accepted.
4. When the defendant, ex officio, files an appeal against conviction regarding the part of the compensation order against C among the judgment below, the compensation order is transferred to the appellate court pursuant to Article 33(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, even if the defendant does not object to the compensation order, and thus, the part of the compensation order against C among the judgment below is examined ex officio.
C, who is an applicant for compensation, filed in the original judgment a claim for compensation with the content of claiming compensation at the rate of 5% per annum prescribed by the Civil Act from March 9, 2018 to the delivery date of a copy of the application for compensation order from March 9, 2018, which is the date of the crime, and at the rate of 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of complete payment. The lower court filed a claim for compensation order with the content of claiming compensation at the rate of 10,000,000 won by fraud and the damages for delay from the next day