사기
The defendant's appeal is dismissed.
The defendant shall pay 164,300,000 won to the applicant E and 36,000 won to the applicant D.
1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal by the Defendant is too unreasonable.
2. In full view of the following facts: (a) although the Defendant recognized the instant crime at the trial at the time of the Defendant’s appeal, it is recognized that the Defendant did not agree with the victims; (b) did not recover most of the amount of damage; (c) the Defendant was a majority of the criminal records of the same kind; and (d) other factors of sentencing as indicated in the records and theories of the instant case, including the Defendant’s age, sex, sex, environment, relationship with victims, motive, means and consequence of the crime; and (e) the circumstances after the crime, the sentence of the lower court against the Defendant is too unreasonable.
3. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the applicant’s application for compensation order, the defendant acquired a total of KRW 161 million from the applicant E for the instant fraudulent act; the applicant E obtained a loan from the above defrauded, which was KRW 50 million from the cooperative of Boh fishery business, on July 20, 2015, and the defendant lent to the defendant; the defendant paid KRW 200,000 per month as interest; the applicant E paid the above union KRW 3.6 million from August 2015 to January 2017; however, the defendant paid KRW 3,00,000,000 from the above union as interest for the above loan between 18 months and January 2017; the defendant paid KRW 40,000,000 from the applicant’s compensation due to the instant fraudulent act; and the fact that the defendant paid KRW 400,000,00,000 to the applicant.
In the trial of the party, E filed an application for compensation order seeking payment of KRW 160 million and interest of KRW 3.3 million [=3.6 million + KRW 3.6 million - KRW 18 million - 3.3 million] of the above deceptive money, and the applicant D filed an application for compensation order seeking payment of KRW 36 million out of the above deceptive money (=4.6 million - 4 million).