사기
The prosecutor's appeal is dismissed.
The defendant 1,580,00 won and 22,400 won to E who is an applicant for compensation, and 22,40.
1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.
2. It is an unfavorable circumstance that the amount of damage caused by the instant fraudulent act was not so significant, the victims wanted to punish the Defendant, and the victims did not fully recover from the damage.
However, the defendant repaid 220,020,000 won out of the amount of damage to the victim E, and the defendant seems to have suffered a kidne surgery due to chronic renal failure, etc.
A criminal defendant has been sentenced to imprisonment for the same kind of crime, but this is a old criminal record for more than 30 years.
In addition, in full view of various sentencing conditions in the instant case, including the Defendant’s age, character and conduct, environment, motive, background, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too unjustifiable even considering all the circumstances alleged in the grounds of appeal. Thus, the Prosecutor’s assertion
3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is groundless. Since the application for compensation order filed in the trial is well-grounded, the defendant shall order the applicant for compensation to pay KRW 11,580,00 and KRW 22,40,000 to E under Articles 25 (1), 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., and the defendant shall order the applicant for compensation to pay KRW 11,580,000 to E, but it is so decided as per Disposition by attaching a provisional execution to the above compensation order