사기
The prosecutor's appeal is dismissed.
The defendant pays 63,390,000 won to the applicant through deception. The above order shall be issued.
1. The sentence imposed by the lower court (eight months of imprisonment) is too unhued and unreasonable.
2. However, even though the Defendant had already been punished two times or more as a crime of fraud, it is true that the Defendant committed the instant crime again, and that the amount of defraudation is not so much enough to endeavor to recover damage, and that it has not yet been taken out by the damaged person.
However, in full view of the motive and means of the instant crime, circumstances after the instant crime, the Defendant’s age and sexual conduct, etc., as indicated in the records and arguments, and the conditions of sentencing compared to the first instance court, where there is no change in the conditions of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the lower court’s sentence is too unjustifiable and unreasonable.
3. According to the evidence duly adopted and examined by the court below regarding the application for compensation order, it is recognized that the defendant acquired 63,390,000 won by fraud of this case from the applicant for compensation.
Therefore, the defendant is obligated to pay 63,390,000 won to the applicant by fraud.
4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. Since the application for compensation order filed by the applicant for compensation is well-grounded, the order of compensation amounting to KRW 63,390,000 shall be issued to the defendant pursuant to Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. and the provisional execution is attached to the above compensation order pursuant to Article 31 (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.