사기
All appeals filed by the defendant and prosecutor are dismissed.
An application for remedy by an applicant for remedy shall be dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years of imprisonment) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. The crime of this case is committed by the Defendant during the period of repeated crime, and the amount of defraudation is large; the form of the crime is not good; the victim requests a strict punishment against the Defendant; and there is no change in the circumstances even when the crime of this case was committed in the trial.
However, all of the crimes of this case are recognized by the defendant, and 108,300,000 won was paid to the victim.
In addition, in full view of all the sentencing conditions indicated in the records, including the Defendant’s age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, the sentencing of the lower court is acceptable, and it is not deemed unreasonable because it is too heavy or unreasonable.
Therefore, the defendant and prosecutor's argument are without merit.
3. It seems unreasonable to issue a compensation order in criminal proceedings because the scope of the defendant's liability to compensate for damage is not clear as to the application for a compensation order.
4. In conclusion, the defendant's appeal is without merit and is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and an application for remedy order filed by the applicant for remedy order filed by the trial court is dismissed pursuant to Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and is so decided as per Disposition.
(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the judgment of the court below is ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure by adding "1. Selection of punishment and Imprisonment" to "1. In addition, the judgment of the court below shall be corrected as follows: "one month to ten years of imprisonment" to "one month to twenty years of imprisonment".