사기
The defendant's appeal is dismissed.
The defendant pays 9,780,000 won to the applicant for compensation by fraud.
3.2
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, confiscation) imposed by the court below is too unreasonable.
2. We examine the Defendant’s assertion of unfair sentencing, and there is no change of circumstances to consider the sentencing after the judgment of the court below, and considering the various sentencing conditions in the records and arguments of this case, even if considering the circumstances alleged as the grounds for appeal, the court below’s punishment is too unlimited and it does not seem to have exceeded the reasonable scope of discretion.
3. According to the records of the judgment on the application for compensation by the applicant for compensation at the trial court, since the defendant is recognized to have acquired 9,780,000 won from the applicant for compensation as stated in the facts constituting the crime in the judgment below, the defendant is obligated to pay the above money to the applicant for compensation at the trial court.
4. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the defendant's application for compensation is with merit. Thus, pursuant to Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., the defendant shall be ordered to pay the defendant the above money by deceit to the applicant for compensation, and a provisional execution is ordered pursuant to Article 31 (3) of the Act