사기
The defendant's appeal is dismissed.
The defendant will pay 45 million won to the applicant C with the money obtained by fraud.
1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.
2. The judgment victim would receive interest of KRW 500,000 per month from the Defendant’s jury until the Defendant received the payment of KRW 45,500,000 from the Defendant’s jury, and the appellate court tried to have the Defendant’s wife.
However, in the appellate trial, the reason why this written application was submitted, and the original defendant was paid to the victim.
Examining the amount and other factors indicated in the records and changes of the instant case with the reasons for sentencing, even considering all the circumstances alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unreasonable.
The defendant's argument of sentencing is not accepted.
3. According to the evidence duly adopted and examined by the judgment on the application for compensation order, the fact that the defendant suffered damages of KRW 75 million due to the fraudulent act of this case, and subsequently repaid KRW 30 million to the applicant for compensation order.
Therefore, the defendant is obligated to pay 45 million won to the applicant for compensation for the remaining fraud.
4. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.
With respect to an application for a compensation order, the compensation for the remaining amount of KRW 45 million shall be ordered under Articles 25(1), 31(1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and the sentence of provisional execution shall be attached.