사기
The defendant's appeal is dismissed.
The judgment of the court below shall dismiss the remainder of the applicant for compensation.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the part of the case of the defendant, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, there is no particular change in circumstances that may consider the sentencing after the lower court’s judgment, as well as the amount of the money obtained by the defendant of this case, the victims of this case want to be punished against the defendant, and all other conditions of sentencing as shown in the pleadings, including the defendant’s age, sex, behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., considering the circumstances alleged by the defendant on the grounds of appeal, the sentence imposed by the lower court was too too excessive and exceeded the reasonable scope of discretion.
shall not be deemed to exist.
Therefore, the defendant's argument of sentencing is without merit.
B. The judgment of the court below on the part of the compensation order, while the defendant is dissatisfied with the part of the compensation order that cited the application for compensation order filed by the applicant B. However, according to the evidence duly adopted and investigated by the court below, the defendant was found to have acquired the amount of KRW 15 million from the applicant B of compensation for the court below (it refers to the grounds for appeal filed by the court below on October 6, 2020 and the last statement of the defendant on January 21, 2021 also states that the amount of the defendant's unpaid obligation against B is KRW 15 million). The defendant is liable to compensate the applicant B of the court below for the aforementioned fraudulent amount.
Therefore, the above argument by the defendant is without merit, and the compensation order part among the judgment below is maintained.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so ordered by the court below.