사기등
The Defendants’ appeal is dismissed.
Defendant
A shall pay 1050,000 won to the applicant for compensation. A compensation order shall be made.
1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered is too unreasonable. (The 6 years of imprisonment with labor for Defendant A, and 6 months of imprisonment with labor for Defendant B)
2. Considering that Defendant A’s partial damage was recovered until the original judgment was rendered, comprehensively taking account of the circumstances that the lower court rendered on the grounds of sentencing and all the sentencing conditions in the instant case records and arguments, including the fact that there was no change in circumstances after the original judgment, including the fact that there was no change in circumstances, the sentence imposed by the lower court on the Defendants is deemed appropriate, and thus, the Defendants’ assertion is without merit.
3. In conclusion, the Defendants’ appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit, and the application for compensation filed in the trial is well-grounded. Thus, pursuant to Articles 25(1), 31(1), and 31(2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the order to pay the Defendant A a sum of KRW 10,50,000 by deceiving the applicant for compensation to the applicant for compensation, and the above order is subject to a provisional execution pursuant to Article 31(3) of the same Act on the grounds that the above order is subject to a provisional execution (Provided, That the late portion of damages in the application for compensation filed by the applicant for compensation cannot be deemed a direct physical damage caused by the criminal act stipulated in Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, this order does not apply).