사기
The defendant's appeal is dismissed.
The defendant will pay 6,50,000 won to the applicant for compensation for the trial.
1. The decision of the court below is too unreasonable in light of the following: the defendant's acknowledgement of the crime and reflects the fact that the defendant did not repay the amount of damage due to economic difficulties, etc.
2. In the criminal litigation law that takes the trial-oriented principle and the principle of direct determination, where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court 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). There is no significant change in the terms of sentencing compared to the lower court’s judgment, and the lower court’s sentencing was excessively excessive and exceeded the reasonable scope of discretion, comprehensively taking account of all the reasons indicated in the records of the instant case.
shall not be deemed to exist.
Therefore, the defendant's argument of sentencing is without merit.
3. The Defendant’s appeal is dismissed on the grounds that the appeal is without merit, and the Defendant’s appeal is dismissed, and the Defendant’s appeal for compensation order is with merit, and the Defendant’s appeal for compensation order is ordered to obtain money from the Defendant pursuant to Articles 25(1), 31(1) and 31(2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., and a provisional execution is attached to the above compensation order pursuant to Article 31(3) of the same Act. It is so decided