사기
The defendant's appeal is dismissed.
An applicant for compensation shall be dismissed.
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court on the Defendant’s assertion, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). A favorable circumstance, such as the fact that the Defendant repaid a part of the instant money, the Defendant recognized the instant crime, and against this, and the Defendant has the record of being punished for the same crime, and that a part of the money has been repaid, but most of the money has been repaid, but the Defendant asserts that he/she paid an additional amount of KRW 9,80,00 to the victim through his/her husband’s account. However, there was no submission of materials to confirm whether the said money was paid for the purpose of repaying the instant
In full view of the unfavorable circumstances and other circumstances, such as the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, etc., the lower court’s sentence against the Defendant is too unreasonable as it goes beyond the reasonable scope of its discretion.
In addition, there is no special change in circumstances that can change the sentence of the court below in the trial.
Therefore, the defendant's assertion of unfair sentencing is without merit.
3. According to Article 26(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Determination of Application for Compensation, the victim may file an application for compensation “not later than the time the argument of the court of first instance or the court of second instance is closed.” An application for compensation filed by an applicant for compensation is unlawful as it was made on July 8, 2019, which was after June 13, 2019, the date of the closing of the court
4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.