사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.
2. The Defendant, as to the grounds for appeal, acquired a total of KRW 40 million from the victims as a loan. In light of the method of crime of this case and the amount of damage, etc., the Defendant’s responsibility is not minor.
However, the defendant recognized all of the crimes of this case, and seems to reflect in depth the mistake through the life of detention for about three months.
When the defendant was in the first instance, he agreed with the victims, and the defendant did not have any criminal record for the same kind of punishment, and there is no record of having been sentenced to punishment.
The defendant seems not to have a good mental health state due to depression and stimulative disorder.
In addition, in full view of all the sentencing conditions in the instant case, such as the character, conduct, environment, family relationship, circumstances and result of the crime, etc., the sentence sentenced by the court below is too unreasonable.
3. The remedy order pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning the Promotion, etc. of Application for Compensation Orders is a system that intends to seek prompt and convenient recovery of damage to a victim by issuing an order of compensation to the defendant only when the amount of direct property damage suffered by the victim is specified in the criminal act of the defendant and the scope of compensation liability of the defendant is evident. According to Article 25(3)3 of the Act on Special Cases Concerning the Compensation of the defendant, if the existence or scope of compensation liability of the defendant is unclear, the remedy order shall not be issued, and in such a case, the application for remedy order shall be dismissed pursuant to Article 32(1)3 of the said Act.
The applicant filed an application for compensation order against the defendant for the payment of KRW 40,000,000,000 against the defendant, but according to the records, the defendant partially repaid the amount of damage.