beta
Text
The appeal by the prosecutor is dismissed.
An application for compensation by an applicant for compensation shall be dismissed.
Reasons
The summary of the grounds for appeal (unfair punishment) of the court below's sentence (two months of imprisonment and two years of suspended execution) is unreasonable.
Judgment
The crime of this case is committed by deceiving the victim by using personal trust relationship and deceiving the victim total of KRW 32,300,000,000, which is disadvantageous to the defendant, and the liability for the crime is not less than that of the victim, the victim did not agree with the victim, and the victim wanted to punish the defendant up to the trial.
However, it is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake; (b) the Defendant repaid KRW 5.3 million to the victim; (c) deposited KRW 3.76 million in the lower court for the recovery of damage; and (d) the Defendant did not have any specific punishment power except for a violation of the Illegal Check Control Act that was sentenced once to a fine
In this context, the scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Commission is from 6 months to 16 months, and the suspended sentence and sentence are all possible, and considering all the sentencing conditions, such as the type of fraud crime, the category 1 (less than KRW 100 million), the special person, the recommended range, the recommended range (basic area), the suspended sentence scope (from 6 to 16 months), the suspended sentence and the actual sentence, and the Defendant’s age, character and behavior, environment, the circumstances leading to the instant crime, and the circumstances before and after the instant crime, it is not recognized that the sentence of the court below is too unreasonable.
The applicant for the judgment on the application for a compensation order filed in the trial for the payment of KRW 45 million with the Defendant, but the amount claimed by the applicant for compensation exceeds KRW 32,30,000,000,000, which is the amount acquired through deceit under the facts charged of this case, as well as the amount claimed by the applicant for compensation, and it is not possible to confirm the basis calculated as above. Therefore, it is not reasonable to issue a compensation order in criminal proceedings because the scope of responsibility to
c. facilitating action;