사기
The prosecutor's appeal is dismissed.
The defendant is a party to the F, who is an applicant for compensation of the party, five million won or more, and the defendant is a party to the trial.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (limited to four months of imprisonment, two years of suspended sentence, and 80 hours of social service) is too unhued.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Damage has not been recovered, and the fact that the victims did not receive an accusation is an unfavorable condition to the Defendant.
However, in full view of the circumstances shown in the records and arguments of this case, such as the confession and reflection of the defendant, the first offender, and the circumstances leading to the defendant to commit the crime of this case, the punishment sentenced by the court below against the defendant is not somewhat weak.
3. According to the evidence duly adopted and examined by the lower court and the lower court as to the application for compensation order for the party, the Defendant can recognize the fact that the Defendant, who is an applicant for compensation for the party trial, wrongfully acquired KRW 5 million from F, the applicant for compensation, and KRW 8 million from C, the applicant for compensation for the party trial, respectively, and the Defendant is obliged to pay the above defrauded money to the applicant for compensation for the party trial.
(C) The parties to the lawsuit filed a claim for payment of KRW 8.5 million, but the part exceeding eight million shall be dismissed pursuant to Article 32(1)2 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings as the existence or scope of liability for damages is not clear. 4. Thus, the prosecutor's appeal is groundless. Thus, it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and the application for compensation of F, which is the party to the lawsuit, is reasonable, and the application for compensation of F, which is the party to the lawsuit, is reasonable within the extent of the above recognition. Thus, C's application for compensation is justified pursuant to Articles 25(1) and 31(1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., order the defendant to obtain money by fraud and the remainder of the application for compensation excluding