사기
The judgment of the court below is reversed, and the compensation order against the applicant for compensation is revoked.
The defendant shall be sentenced to six months of imprisonment.
1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. An order for compensation pursuant to Article 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Ex officio Proceedings Concerning the Part of Order for Compensation is a system that intends to seek the recovery of damage suffered by a victim simply and promptly by issuing an order for compensation to the accused only when the amount of damage suffered by a victim is specified in the criminal act of the accused and the scope of the accused's liability for compensation is clear. According to Article 25 (3) 3 of the same Act, where the existence or scope of the accused's liability for compensation is unclear, an order for compensation shall not be issued, and in such case, an application for compensation
(See Supreme Court Decision 2012Do7144 Decided August 20, 2012. According to the records of the instant case, it is recognized that the Defendant remitted KRW 24 million to the victim B on September 9, 2019. On the same day, the said victim entered into an agreement with the Defendant to the effect that he/she does not want criminal punishment against the Defendant by mutual consent. The scope of the Defendant’s liability for compensation, which is the application for compensation by the lower court, became clear by mutual consent with the Defendant at the trial.
Therefore, the application for compensation order by the applicant for compensation by the court below should be dismissed, so this part of the judgment of the court below cannot be maintained any more.
The following points are that the defendant's reasons for appeal are disadvantageous to the defendant.
The Defendant, during the period of the same repeated crime of the same kind, defrauds the amount of KRW 100 million equivalent to the amount of KRW 100,000,000,000 out of the amount of KRW 12,000,000,000,000 to the victim H to bring the crime of 2019,000 won and to bring the crime of 24,000,000 won to the victim H in order to bring the crime of 2019,483 during the period of the crime of the same repeated crime of the same kind, shall be present at the investigative agency for investigation, and shall be reimbursed for damage in the case of