사기등
The defendant's appeal is dismissed.
An application for remedy by an applicant for remedy shall be dismissed.
1. The punishment of the lower court (one year of imprisonment) for an appeal is too unreasonable.
2. The lower court determined the sentence by fully taking account of all circumstances that the Defendant already asserted as the grounds for appeal, including the circumstances alleged as the grounds for appeal.
Defendant has been punished for the same kind of crime.
The amount of damage caused by the Defendant’s crime of this case is relatively large, and the Defendant did not reach an agreement with the victim on the fraud, and there is no evidence suggesting that the damage has been recovered up to now.
In addition, even if all the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, are re-examineed, the sentence of the court below cannot be deemed unfair.
Therefore, the defendant's assertion is not accepted.
3. It seems unreasonable to issue a compensation order in criminal proceedings because the scope of the defendant's liability to compensate for damage is not clear as to the application for a compensation order.
4. As such, the defendant's appeal is without merit and is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and an application for remedy order filed by the applicant for remedy order filed by the court of the first instance is dismissed pursuant to Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided