사기
The judgment of the court below is reversed, and the compensation order is revoked.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.
2. We examine the judgment on the grounds of appeal, and the accused's deception amounting to KRW 78,100,00,000 in bad faith and deceptive money, and the accused could not repay most of the damages to the victim up to the trial, and there are many criminal offenses against the accused.
However, in light of the fact that the defendant partly pays damages to the victim during the trial and that the victim did not want the punishment for the defendant by agreement with the victim, that the defendant does not have the same criminal record as the defendant, and that the defendant's mistake is divided later and later, the punishment of the court below is too unreasonable.
3. In a case where an appeal against a conviction against a judgment of conviction on the part of the judgment below regarding the compensation order is filed, the confirmation of the compensation order shall be prevented, and the compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). The compensation order pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is a system that intends to promote a simple and prompt recovery of damage by ordering the compensation to the accused only when the amount of direct property damage suffered by the victim of the criminal act is specified and the scope of the compensation liability of the accused is apparent. Under Article 25(3)3 of the Act on Special Cases Concerning Special Cases Concerning the Promotion, etc. of Legal Proceedings, if the existence or scope of the compensation liability of the accused is unclear, the compensation order shall not be issued,
(see, e.g., Supreme Court Decision 2012Do7144, Aug. 30, 2012). ex officio, the lower court ordered B, an applicant for compensation, to pay KRW 78,100,000 to the victim, who is the victim.