사기
The defendant's appeal is dismissed.
The defendant shall pay 45,00,000 won to the applicant for compensation by deceit.
3.2
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) that the court below sentenced against the defendant is too unreasonable.
2. Determination
A. The grounds for appeal by the defendant are against the defendant when he committed the crime of this case. The crime of this case is deemed to have been committed by the defendant because the defendant was unable to lose his economic poor condition, and there are some circumstances to consider the motive. The defendant has no record of criminal punishment prior to the crime of this case. However, the crime of this case is planned and actively deceiving the victim, and the crime of this case is deemed to have obtained 45,00,000 won in favor of the defendant. It is not good that the crime of this case is not less than the nature of the crime, but not less than the amount of damage. Since the amount of damage is not less than five years after the crime of this case, the amount of damage is not repaid at all and more than five years after the crime of this case, and the victim has not been agreed with the victim. Considering the defendant's age, character and conduct, motive and circumstance of the crime of this case, the motive and circumstance of the crime of this case, circumstances after the crime of this case, and all the records and arguments, it cannot be deemed unfair that the judgment of the court below has excessively sentenced the defendant.
B. Since criminal fraud is found guilty against the defendant who made a judgment on the application for compensation order, Article 25(1), Article 31(1), and Article 31(2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings shall order the defendant to pay the applicant for compensation the amount of KRW 45,00,000 to the applicant for compensation, but a provisional execution sentence shall be attached pursuant to Article 31(3) of the same Act.
3. In conclusion, the defendant's appeal is without merit and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the application for compensation order by the applicant for compensation at the trial court is accepted, and it is so decided as per Disposition.