사기
The defendant's appeal is dismissed.
The request of the applicant for compensation shall be dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the court below (4 years of imprisonment) is too unreasonable.
2. The judgment of the court below on the grounds of appeal seems to have sentenced four years to imprisonment, considering the circumstances unfavorable to the defendant, such as the fact that the defendant made a confession of all crimes and reflects against the defendant, and partial recovery of damage to some victims, and the fact that the defendant obtained a suspended sentence of imprisonment with prison labor for a considerable period of time, and that the defendant continues to commit the crime of this case even though he/she was sentenced to a suspended sentence of imprisonment with prison labor due to a fraudulent act similar thereto, and the sentencing guidelines of the Supreme Court sentencing Commission (two years to seven years) are recommended.
When comprehensively considering the conditions of sentencing, the sentencing judgment of the court below exceeded the reasonable limit of its discretion in light of the sentencing criteria, the sentencing criteria, etc.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, considering the defendant's age, sex, environment, family relationship, circumstances and result of the crime, etc., the sentence of the court below is proper and too unreasonable.
3. The application for compensation filed by the applicant for compensation for the determination on the application for compensation is not reasonable in the criminal procedure because the scope of the defendant's liability for compensation is not clear. Therefore, it is not acceptable to accept the application for compensation in the criminal procedure.
4. In conclusion, the defendant's appeal is without merit and is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the defendant's application for compensation is dismissed in accordance with Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.