사기
The prosecutor's appeal is dismissed.
The defendant shall pay 14,00,000 won to the applicant for compensation by deceit.
3.2
1. The main point of the grounds for appeal (two years of suspended sentence for four months of imprisonment) is too unhued and unreasonable.
2. The instant crime of determining unfair sentencing is the Defendant, as if the Defendant was an investment expert, by deceiving the victim and deceiving the victim of KRW 14,00,000, and the nature of the relevant crime is not good, and the Defendant has not made any effort to recover damage.
On the other hand, the defendant shows his attitude to recognize and reflect his criminal act, and there is no criminal record.
In light of the fact that the Defendant invested all the money acquired by the Defendant from the victim in the virtual currency-related business entity, it seems that the Defendant did not have a strong intent to deception the Defendant.
Comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, consequence, and circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.
Therefore, the prosecutor's argument of unfair sentencing is not accepted.
3. The applicant filed an application for compensation seeking payment of KRW 14,00,000 at the trial.
According to the evidence duly admitted by the court below, the defendant can recognize the fact that the defendant acquired 14,00,000 won from the applicant for compensation, who is the victim of the crime of this case, and the defendant also recognizes it. Thus, the defendant is obligated to pay the above fraud amount of KRW 14,00,000 to the applicant for compensation.
4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.
Since the application for compensation by the applicant for compensation is well-grounded, the compensation amounting to KRW 14,00,000 shall be ordered in accordance with Article 25(1)1 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and a sentence of provisional execution shall be attached in accordance with Article 31(3) of the same