사기
The prosecutor's appeal is dismissed.
The defendant pays 450,000 won to the applicant U.S.
1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is improper because it is too unfasible.
2. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the grounds for appeal, and where the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account the overall circumstances regarding the sentencing of the Defendant into account, and there is no circumstance to be newly considered in the first instance trial, and thus, even considering the circumstances asserted by the prosecutor on the grounds of appeal, it is not recognized that the lower court’s punishment is too unjustifiable and unreasonable.
3. Since it is reasonable for U to apply for compensation of KRW 450,000 to a person who has suffered damage from the instant fraud crime to determine on the part of the compensation order, the order for compensation and provisional execution as ordered pursuant to Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings is issued.
4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.