사기
All appeals by the defendant and the prosecutor are dismissed.
An application for remedy by an applicant for compensation shall be dismissed.
1. Summary of grounds for appeal;
A. Defendant: The sentence of the lower court (six months of imprisonment) is too unreasonable.
B. Prosecutor: The lower court’s sentence is too unhued and unreasonable.
2. It is advantageous to the fact that part of the amount of money obtained by deceiving the judgment on the grounds of appeal has been returned, the crime is against the crime, and the equity with the case where the judgment of the court below has become final and conclusive at the same time is to be considered.
However, the crime of this case was committed through repeated defraudation for a short period of time, the fact that the defrauded has committed the crime of this case, the fact that the victims are punished by the defendant, and the crime of this case was committed in the course of being tried due to fraud which became final and conclusive, and the fact that the same crime of this case was committed three times is disadvantageous.
In addition, comprehensively taking account of the motive and background of the crime, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc., and all the sentencing conditions indicated in the previous theories, it cannot be deemed that the lower court's punishment is too excessive or too heavy and unfair.
Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.
3. The applicant for the determination of compensation regarding the application for compensation shall seek an order for compensation of KRW 30 million.
However, since the scope of the defendant's liability is unclear as the defendant returns part of 35,413,00 won by fraud, it cannot be ordered to compensate for damages (Article 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). 4. Conclusion, since the defendant and the prosecutor's appeal are without merit, all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the application for compensation order by the applicant for compensation is dismissed in accordance with Article 32 (1) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.