사기
The defendant's appeal is dismissed.
The defendant pays 340,000 won to the applicant E for the trial compensation.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced against the defendant (six months of imprisonment) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance 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). Although the Defendant recognized a crime, the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime even though he/she is under the suspension of execution and protection observation period due to the same fraudulent act, the Defendant committed the instant crime without being aware of the fact that he/she committed the crime, the defrauded and the amount of the defrauded are not much significant, and there is no agreement with the victims or no recovery from damage until now, the fact that it appears that there is no new circumstance to be considered in the sentencing after the sentence of the lower court is sentenced, and there is no other new circumstance to be considered in the sentencing after the sentence of the lower court, and in full view of all the sentencing records and arguments, such as the age and health of the Defendant, environment, motive, means and consequence of the criminal act, etc.
Therefore, the defendant's argument of sentencing is without merit.
3. Determination as to an application for a remedy order for the above case
A. The applicant E is obligated to pay 340,000 won by deception to the applicant E, since according to the records and evidence, the defendant is recognized to have acquired the above amount from the applicant E. Thus, the applicant E is obliged to pay 340,000 won by deception to the applicant E.
B. Under Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits (hereinafter “Litigation”), the applicant X compensation order procedure is a procedure for ordering the Defendant to compensate for damages arising from the criminal act of the Defendant case. The applicant X is written as the victim of the instant case (criminal facts).