사기등
All appeals filed by the defendant and prosecutor are dismissed.
The defendant shall obtain money of KRW 29 million from C, an applicant for compensation, who is an applicant for compensation.
1. Summary of grounds for appeal (unfair sentencing)
A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court. In full view of the factors revealed in the instant pleadings, the lower court’s sentencing is too heavy or is so unfluent that it exceeded the reasonable scope of discretion.
Therefore, the defendant and prosecutor's argument are without merit.
3. Determination as to an application for compensation order by the trial court
A. C, an applicant for compensation, filed an application for compensation with the Defendant seeking the payment of the amount of KRW 29 million by fraud and the delayed payment damages against the Defendant at the trial.
However, according to the evidence duly adopted and examined by the court below, the defendant can be recognized the fact that he acquired 29 million won from C who is the applicant for compensation by committing a fraudulent act as stated in the facts constituting the crime in the judgment below, and the above application for compensation is partially reasonable (C, the applicant for compensation, is also entitled to pay damages for delay to the money obtained, but the damages for delay is not deemed to be a "direct damage caused by a criminal act" under Article 25 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and therefore, the defendant is obligated to pay 29 million won to C, the applicant for compensation.
B. U.S., an applicant for compensation, filed an application for compensation with the Defendant seeking payment of KRW 16.5 million against the Defendant by deceit, but this part is applicable.