사기
All appeals filed by the defendant and prosecutor are dismissed.
An application for compensation by an applicant for compensation shall be dismissed.
1. Summary of grounds for appeal;
A. The punishment of the court below (six months of imprisonment) is too unreasonable.
(B) The defendant withdraws his assertion of mistake of facts on the second trial date.
The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. In light of the fact that the Defendant was at the time of committing the instant crime, the cancellation of the registration of the establishment of a neighboring mortgage that was completed by the instant crime, the victim is fully responsible for the expansion of damage, the equity in the case of the judgment at the same time with the final judgment, the method of crime, etc. taking into account the following factors: (a) the liability for the instant crime is not easy; (b) the fact that there was a record of punishment several times of the same type of crimes; and (c) the fact that the acquired amount was not substantial; and (d) other factors of sentencing as shown in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, motive and means of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable.
Therefore, the defendant and prosecutor's argument are without merit.
3. The applicant filed an application for compensation order of KRW 141,279,794 in the appellate trial. However, according to the records, the above application for compensation order is not reasonable to issue an order for compensation in the criminal proceedings because the scope of liability for compensation is not clear.
4. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. Since the application for compensation order filed by the applicant for compensation is inappropriate, it is dismissed in accordance with Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning Promotion, etc. of