사기
The defendant's appeal is dismissed.
The defendant will pay 9240,000 won to the victim B.
1. The lower court rejected the application for compensation order filed by the applicant B of the lower judgment, and the applicant of compensation cannot be dissatisfied with the judgment dismissing the application for compensation order (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and the part rejecting the application for compensation order was immediately finalized.
Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of this court.
2. The sentence of the lower court (one year and six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.
3. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court since new data on sentencing have not been submitted in the trial. Circumstances alleged by the Defendant due to unfair reasons, such as reflectivity and criminal history, are deemed to have already been reflected in the reasons for sentencing of the lower court; the Defendant’s previous conviction [12 times in total (4 times in total, 4 times in suspension of execution, 6 times in total, and 6 times in total), the amount of fraud, the possibility of criticism (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Considering the following circumstances: (a) the victim’s wife’s situation, which is an essential device to prevent such Mana from being 19).
Therefore, the defendant's argument of sentencing is without merit.
4. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.