사기
The defendant's appeal is dismissed.
The request of the applicant for compensation shall be dismissed.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, and the community service work 120 hours) is too unreasonable.
2. It should be recognized that the Defendant recognized all of the instant crimes when he was found to be guilty, and that there are some circumstances to consider the circumstances leading to the instant crime.
However, the amount obtained by deceit due to the crime of this case is not so much, and the damage has not been recovered until the trial of the case, and the victim seems to have suffered a considerable mental and economic suffering.
In addition, the defendant has been punished for the same crime.
In addition, in full view of various circumstances, such as the defendant's age, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable because it is too unreasonable.
3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit, and the application for compensation order is not clear in the record of the scope of compensation liability against the applicant (the defendant paid part of the amount to the victim).
In this regard, the victim asserts that he received the payment of the amount of a bill arising out of a transaction separate from the defendant, and that the scope of the liability for compensation needs to be deliberated additionally in civil proceedings and determined in accordance with Article 32 (1) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Article 32 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings).