사기등
The defendant's appeal is dismissed.
The applicant's application for compensation is dismissed respectively.
1. The sentence sentenced by the first instance court to the defendant (one year and six months of imprisonment) is too unreasonable.
2. The defendant's decision on the appeal by the defendant was made in this court, thereby recognizing his errors and being against the law.
In order to maintain livelihood, the Defendant borrowed money from the management office, etc. to the branch, and to raise his/her debt and operating funds, the Defendant caused the instant crime.
The defendant paid some of the loans to the victims, and the defendant paid the fraternity to the front number of the fraternity operated by the defendant.
These points are favorable to the defendant.
However, the defendant acquired the total of KRW 150,150,000 by means of lending his own funds to the victims, and did not pay the money to the victims F and C.
Some victims believe their own funds and borrowed money to the defendant in an economically difficult situation.
The defendant is not able to recover the damage caused by fraud until this court.
In full view of these circumstances and other factors of sentencing, including the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing, the age, criminal defendant's sex, and environment, the sentence imposed by the court below is too unreasonable.
3. The compensation order pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning Application for Compensation Orders is a system in which the amount of damage is specified for direct property damage suffered by the victim of the criminal act, and only when the scope of compensation liability of the defendant is evident, the compensation order is designed to seek a prompt and prompt recovery of damage suffered by the victim.
According to the provisions of paragraph 3 (3) (3) of the same Article, the defendant is liable for damages.