사기
The prosecutor's appeal is dismissed.
The defendant shall pay 16,00,000 won to an applicant for compensation.
The above compensation order shall be.
1. The gist of the prosecutor’s appeal is that the court below’s sentence that sentenced fines of KRW 7,00,000 is too uneasible, in light of the following: (a) although the defendant had been punished several times for the same kind of crime, he/she committed again during the period of repeated crime; and (b) the victim wants to punish the defendant; and (c) the case is unfair.
2. In light of the facts alleged in the grounds of appeal, the judgment of the court below is against the defendant's wrong, and the victim expressed his intention that he does not want the punishment of the defendant when it comes to the trial. In light of the motive and background of the crime of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the character and conduct and environment of the defendant as shown in the records and arguments of this case, it cannot be deemed unfair since the sentence of the court below
3. Since the prosecutor's appeal of conclusion is without merit, it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the application for remedy order by the applicant for compensation raised in the trial is well-grounded. Thus, under Articles 25 (1) 1, 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the defendant shall order the applicant for compensation to pay KRW 16,00,000 to the applicant for compensation, but it is so decided as per Disposition with a sentence of provisional execution attached to the above order under Article 31 (3) of the