사기
The defendant's appeal is dismissed.
The defendant shall pay 121,300,000 won to the applicant for compensation by deceit.
3.2
1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment with prison labor for the crime No. 1 in the market) is too unreasonable.
2. It is recognized that the Defendant’s judgment on the grounds of appeal was justified, and all of the facts charged are recognized, and the circumstances that consider equity with the case where a judgment was rendered simultaneously with each crime of fraud, etc. stated in the first head of the lower judgment that became final and conclusive.
However, until the trial, victims' damage has not yet been recovered.
There is no change in sentencing conditions to be considered specifically in the past.
As the court below properly pointed out, comprehensively taking into account all the sentencing conditions of the instant case, such as the circumstances where the Defendant committed the instant crime while being tried in connection with a separate crime of fraud, the amount of damage by victim, the criminal records of the Defendant, and the motive and circumstances after the commission of the crime, etc., the court below’s punishment is only within the reasonable scope of discretion, and it is not recognized that it is unreasonable.
3. H, an application for compensation, which is a judgment on the application for compensation, was filed in the first instance, and applied for compensation of KRW 121,30,000 among the amount obtained by defraudation of facts constituting the second offense as indicated in the judgment below.
The defendant admitted the entire facts charged and stated that the above application for compensation does not dispute.
Therefore, the defendant is obliged to pay 121,300,000 won to the applicant for compensation by fraud.
4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.
An application for compensation order by an applicant for compensation is reasonable and acceptable in accordance with Article 25 (1) 1 and Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.