사기
The judgment below
The part of the defendant's case shall be reversed, and the compensation order shall be revoked.
The defendant's judgment Nos.1 to 3.
1. The summary of the grounds for appeal (the imprisonment of eight months (the imprisonment of eight months) and eight months (the imprisonment of eight months)) is too unreasonable.
2. Determination on the part of the defendant's case is a large amount of money exceeding KRW 180,00,000 in property gains acquired by the defendant according to each of the crimes of this case, and the crime Nos. 4 and 5 of the holding committed during the suspension period of execution due to the same crime is an unfavorable circumstance to the defendant.
On the other hand, it is advantageous to the fact that the defendant has agreed with the victims when the defendant was in the trial, that the defendant appears to recognize and reflect all crimes, that there is a family member to support the defendant, that there is no criminal record exceeding the suspension of the execution of imprisonment, and that the first or third crimes in the ruling should consider equity with the case where the judgment was rendered simultaneously with the crime of fraud for which the judgment became final and conclusive.
In addition, considering the circumstances leading to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.
3. The lower court, on the part of the compensation order, issued a compensation order to the applicant for compensation, but according to the records, it is recognized that the Defendant agreed with the applicant for compensation at the trial.
Therefore, it is not reasonable to issue a compensation order in the criminal procedure because the existence and scope of compensation liability is unclear.
4. In conclusion, the part of the judgment of the court below regarding the defendant's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and it is so ordered as follows. The decision of the court below is revoked pursuant to Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and the part of the compensation order of the applicant is dismissed