사기
The defendant's appeal is dismissed.
The defendant shall obtain money from the applicant for compensation 102,560,000 won and the defendant shall do so.
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. There are favorable circumstances such as the Defendant’s recognition of each of the instant crimes and reflects on the Defendant’s assertion of unfair sentencing, the partial repayment of the amount of damages to the four victims, and the Defendant’s absence of criminal records exceeding the fine.
However, the defendant has committed a crime repeatedly against many victims for a considerable period of time, and considering the circumstances and frequency of each crime, the details of the crime, the use of the fraud, etc., it is very poor to commit the crime.
The sum of the amount of fraud is at least KRW 13,7630,000,000, and in particular, in the case of victim M, serious economic damage, such as this case, to the progress of individual rehabilitation, etc.
Nevertheless, until the trial, victims have not been recovered from damage.
The criminal records of the defendant are two times, and the defendant is also disadvantageous to the defendant.
In full view of the above circumstances and the fact that there is no special circumstance or change of circumstances to change the sentencing of the lower court after the lower court’s judgment, and other circumstances that form the conditions for sentencing as shown in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., it cannot be deemed that the lower court’s punishment is too excessive to be recognized to have exceeded the reasonable scope of discretion.
Therefore, the defendant's assertion of unfair sentencing is without merit.
3. The applicant filed an application for compensation against the Defendant to seek payment of KRW 103,560,00,00 with respect to the money obtained by deception and delay damages therefor. Thus, according to the reasoning of the lower judgment, which found the Defendant guilty, the statement Nos. 12-13, 16-25, 27-29, 31-36, and 39-66 of the crime list as set forth in the separate list of crimes pertaining to “2018 Go-so38.”