사기
The defendant's appeal is dismissed.
The request of the applicant for compensation shall be dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unreasonable.
2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where 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). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court on the grounds that new materials for sentencing have not been submitted in the trial, and in full view of the factors revealed in the arguments in the instant case, the lower court’s sentencing was too too excessive and exceeded the reasonable scope of discretion.
It does not appear.
3. Determination as to the application for compensation by the applicant for compensation
A. On April 9, 2018, after the defendant submitted a petition of appeal, the applicant filed an application for compensation order seeking compensation of KRW 1040,000,000 on several occasions on the ground that the defendant introduced high-income part-time income tax to the applicant for compensation on March 27, 2017, and gave it to the applicant for compensation.
B. According to the records of this case, since the crime alleged by the applicant for compensation is not included in the scope of the facts charged of this case, it is difficult to view that the applicant for compensation is the victim of this case.
(c)
The application for compensation by the applicant for compensation is infinite law.
4. The Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. Since the application for compensation order filed by the applicant for compensation at early 760 of this court is unlawful, it is so decided as per Disposition by the court that the application is dismissed pursuant to Article 32(1)1 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (in accordance with Article 25(1) of the Regulation on Criminal Procedure, the “application of statutes” in the judgment of the court below ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure is amended to “Article 48(1)1, 2, and 3 of the Criminal Act”