사기등
Defendant
All appeals by prosecutors are dismissed.
1. The lower court dismissed all of the applications for compensation filed by C and D, an applicant for compensation by the lower court.
Since C and D cannot file an objection against the judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the part dismissing the said application for compensation among the judgment below shall be excluded from the scope of the trial of this court.
2. The defendant asserts that the summary of the grounds for appeal (one year of imprisonment) declared by the court below is too unfasible, and the prosecutor is too unfased and unreasonable.
3. In a case where there is no change in the conditions of sentencing compared with 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). The Defendant recognized all of the instant crimes and made efforts to recover part of the damage, thereby recovering approximately KRW 830,000 from the lower court’s total damage amounting to KRW 31,08,970, including fraud, and recovered from damage amounting to approximately KRW 550,000 in the trial.
the Corporation shall be recognized.
However, each of the crimes committed by the defendant is very poor, the extent of damage and the frequency of the crimes are not many, and the same type of crime has been repeatedly committed.
Considering that most damages have not been recovered, and the sentencing conditions, such as the defendant's age, occupation, family relationship, living environment, and criminal record relation, including the defendant's violation of discipline within a detention house, even though the defendant was in a trial, the sentence imposed by the court below is appropriate, and it cannot be deemed that it is too heavy or unreasonable.
4. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.