사기
The judgment below
The part of the defendant's case shall be reversed.
Defendant shall be punished by a fine of KRW 10 million.
The defendant above.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months) is too unreasonable.
2. Determination
A. The defendant's act of fraud in this case, which judged the grounds for appeal by the defendant, was committed during the period of suspension of execution of the same kind of crime, and its circumstances are very poor.
However, the fact that the defendant reflects the crime of this case, the amount of damage is not high, the defendant deposited the total amount of damage (4,816,300 won) of the crime of fraud in the first instance, and the fact that the defendant has no penalty power for the crime of this case is favorable to the defendant.
Considering the above circumstances comprehensively taking into account the various sentencing conditions shown in the instant pleadings, such as the Defendant’s age, character and conduct, family relationship, and environment, the lower court’s sentence is somewhat unreasonable.
Therefore, the defendant's assertion on this is justified.
B. When the defendant, ex officio, files an appeal against a conviction, the compensation order under Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the compensation order, is transferred to the appellate court along with the defendant's case.
The judgment below
Among the compensation order parts, since the defendant deposited the damage compensation fund that the court below ordered payment in the compensation order as mentioned above, the existence or scope of the defendant's compensation liability against the applicant for compensation in the court below is not clear. Therefore, the part of the compensation order in the court below is no longer able to maintain it.
3. Conclusion
A. If so, the defendant's appeal is reasonable, and the part of the judgment of the court below regarding the defendant's case is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
B. Under Article 33(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the part of the compensation order for the application for compensation by the court below is revoked, and Article 32(1) of the same Act