사기등
The defendant's appeal is dismissed.
The defendant shall pay 124,955,436 won to an applicant for compensation.
The above compensation order shall be.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. The lower court determined that the Defendant’s mistake was recognized, did not have the record of being punished for a crime, and did not make efforts to recover damage, and, under favorable circumstances in which the Defendant paid 100 million won or more to the victim company, the Defendant was sentenced to punishment as above by taking account of the following circumstances: (a) the period of the crime was interview and interview; (b) the amount of damage was a long-term period; (c) approximately KRW 22.5 million out of the amount of damage was not repaid; and (d) approximately KRW 12.4 million out of the amount of damage was not paid;
In light of the fact that there is no particular change in the sentencing conditions compared with the original judgment, the reasons for sentencing specified in the records and arguments of this case and the sentencing criteria of the Supreme Court Sentencing Committee, the sentencing of the original judgment cannot be deemed to have exceeded the reasonable scope of discretion because it is too big.
Therefore, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the application for remedy order by the applicant for compensation is with merit, and therefore, pursuant to Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Affiliation, etc., order the defendant to pay 124,955,436 won (the 124,954,436 won stated in the column for the amount of compensation claim seems to be a clerical error) and the provisional execution is to be declared in accordance with Article 31