사기
The defendant's appeal is dismissed.
The defendant pays 80,1550,000 won to the applicant through fraud.
1. The sentence imposed by the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. The circumstances are favorable for the following: (a) the Defendant’s mistake was properly recognized and reflected by the Defendant; (b) there was no record of punishment exceeding the same criminal record or fine; and (c) some victims agree with the victim or withdraw the complaint.
On the other hand, the court below seems to have determined punishment in consideration of such favorable circumstances, and there is no change of circumstances that may be newly considered in sentencing after the decision of the court below, and the defendant, on the other hand, by deceiving the victim of the case No. 4115 of the case No. 2016 senior high school, a private elementary school, and by deceiving the victim of the case No. 4115 of his elementary school over 40 million won during the three months, and by taking money exceeding 80 million won during the three months, the defendant did not agree with the above victim or take any measures to recover damage to the above victim until the trial of the party, and on the other hand, the above victim was punished against the defendant.
In addition, in full view of the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., various sentencing conditions as shown in the pleadings of the instant case, and the result of the application of sentencing guidelines by the Supreme Court sentencing committee, etc., the Defendant’s assertion is without merit.
3. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. Since the applicant's application for compensation filed in the trial of the court for compensation is justified within the scope of KRW 81,550,00,00,000, which is recognized by the fraud in this case, it shall be accepted in accordance with Articles 25 (1) 1 and 31 (1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and a provisional execution is imposed in accordance with Article 31 (3) of the aforesaid Act on the above order for compensation and the remaining part is over the amount obtained by