사기등
The defendant's appeal is dismissed.
All of the applicants for compensation are dismissed.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable.
2. Determination
A. The crime of this case with regard to an unfair argument of sentencing is an unfavorable circumstance against the defendant, by deceiving the defendant as if the defendant could resolve the problem of a criminal case or civil case against the victim C and H, and by deceiving the amount exceeding 13 million won in total on several occasions under the pretext of entertainment expenses or solicitation expenses, etc. The nature and circumstances of the crime are significant. The defendant committed an additional crime against the victim H while he was prosecuted as the case against the victim C and is under trial, most of the victims' damages were not recovered, and the victims did not agree with the victims, and there was a history of criminal punishment several times as a crime of fraud under the similar veterinary law.
The fact that the defendant recognized all the crimes of this case and reflected his mistake is favorable to the defendant.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable.
Therefore, the defendant's argument cannot be accepted.
B. In the judgment of the court on the application for a compensation order, the applicant H applied for a compensation order against the defendant, but it is not reasonable to issue a compensation order in the criminal procedure because the scope of the defendant's compensation liability against the applicant is not clear. Thus, all of the applicant for compensation cannot be accepted.
3. The Defendant’s appeal is without merit. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the application for compensation filed by the applicant for compensation is dismissed in accordance with Article 32(1)3 and Article 25(3)3 and 4 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.