사기
The judgment of the court below (excluding the part dismissing an application for compensation) shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Scope of the judgment of this court;
A. The lower court rejected the application for compensation filed by the applicant for compensation, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Therefore, the dismissed portion of the application for compensation order was immediately finalized.
Therefore, among the judgment below, the rejection of the above compensation order is excluded from the scope of the judgment of this court.
B. In addition, the lower court found the Defendant guilty of the facts constituting a crime in the judgment, and found the Defendant not guilty under the latter part of Article 325 of the Criminal Procedure Act, on the ground that the part of the facts charged in the instant case, which “the Defendant, by deceiving the victim as stated in the facts charged, and by deceiving the victim with a cash of KRW 8 million from the victim as a loan, around December 7, 2017, constitutes a case where there is no proof of the facts charged.”
However, in this case where only the defendant appealed from the defense of the defendant, the part of acquittal in the above reasoning was transferred to this court along with the guilty part. Thus, the part of acquittal in the reasoning of the judgment of the court below is not re-determined, but should follow the conclusion of the judgment of the court below.
2. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.
3. The Defendant, by taking advantage of the brush circumstances of the victim, deceiving the victim to enter a rental house to obtain a reasonable amount of money.
Due to the above crimes, the victim suffered serious damage caused by the loss of all the money collected throughout his life.
In light of the attitude of these crimes and the damage therefrom, the nature of the crime of this case is not good.
The defendant has the ability to punish for the same crime.
This is disadvantageous to the defendant.
(b).