사기
The defendant's appeal is dismissed.
An application for compensation by an applicant for compensation shall be dismissed.
1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.
2. It is reasonable that there are favorable circumstances such as the fact that the defendant shows the attitude of his mistake and reflecting against himself, and that part of the amount of damage has been discharged by the victim.
On the other hand, however, this case is not less than 360 million won by deceiving the victim and deceiving the victim, and it is not less than 360 million won in light of the amount of fraud, etc., but not yet agreed with the victim.
In addition, the crime of this case constitutes recidivism committed during the period of repeated crime due to the same crime.
In light of the above circumstances favorable or unfavorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence of the court below is too unreasonable since it is too unreasonable. Thus, the above argument by the defendant is without merit.
3. In conclusion, the defendant's appeal is without merit and is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. The application for remedy order filed at the trial of the court below is dismissed in accordance with Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, since the scope of the defendant's liability for compensation is not clear since the defendant's appeal differs from the amount claimed by the defendant and the amount claimed by the applicant for compensation differs from each other. Thus, it is so decided as per Disposition.