사기
The defendant's appeal is dismissed.
The defendant pays 38 million won to W, an applicant for compensation, who is an applicant for compensation.
1. In a case where an appeal against a judgment of conviction in the scope of adjudication by this Court is filed, the confirmation of an order for compensation is prevented even without an objection to the order for compensation, and the order for compensation is transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). The lower court accepted the application for compensation filed by the applicant B, C, and D, but the Defendant did not assert any grounds for appeal against this part, and even if ex officio examination, it cannot find any grounds for revocation or alteration, and thus, the part accepting the application for compensation among the lower
2. The two-year imprisonment sentenced by the court below to the summary of the grounds for appeal is too unreasonable.
3. The judgment of the court below recognized all the facts charged of this case and reflects the defendant's mistake, and seems to be insufficient to health after the diagnosis of liver cell cancer, and the victim M does not want the defendant's punishment. However, even though it is recognized that the amount of fraud exceeds 300 million won, the damage was not recovered most, and the defendant did not receive a letter from the victim D, B, C,O, U, or W, and considering all the sentencing conditions of the defendant's age, character, character, environment, family relationship, circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, the defendant's argument is without merit.
4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. Meanwhile, since the applicant for compensation at the trial seeks to pay 38 million won and damages for delay thereof, it is recognized that the defendant stolen 38 million won from the applicant for compensation at the trial according to the facts constituting the crime of the court below. Thus, the above application for compensation is justified within the limit of 38 million won, and is subject to Articles 25 (1) and 31 (1) and 31 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.