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The defendant's appeal is dismissed.
The court below's order for compensation shall be amended as follows:
The defendant.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) includes the statement in the reasoning for appeal submitted by the Defendant, which appears to be denying the criminal intent, but the Defendant stated to the effect that the Defendant asserts only unfair sentencing as the grounds for appeal at the second trial date of the trial of the court of the first instance, and even if so, it can be deemed that the statement of the grounds for appeal in the above case can be viewed as a misunderstanding of facts, and that there remain remaining without
Even if the court below is not sufficient to recognize the criminal intent by deceit according to the evidence duly adopted and investigated, the defendant's assertion of mistake is without merit.
The punishment sentenced by the court below (one year of imprisonment, two years of probation, 160 hours of community service order) is too unreasonable.
2. Although the judgment on the grounds for appeal by the Defendant appears to have divided his mistake, considering the fact that the Defendant made efforts to recover damage, such as providing the victim with additional KRW 213 million in the original trial and additional KRW 17 million in the trial at the court below, in light of the background of the instant crime and the amount of fraud, etc., the Defendant’s criminal liability cannot be deemed to be less and less, in light of the background of the instant crime, and the amount of fraud, etc., the Defendant’s criminal liability cannot be deemed to have been less than 9 years, but not yet complete damage has yet to be recovered; the victim’s economic and mental damage suffered during a long period is deemed to be considerable; and the Defendant still failed to take advantage of the fact that the Defendant exceeded the scope of reasonable discretion, and the sentencing of the court below is excessive.
It does not seem that it does not appear.
3. Judgment of the court below on the part of the compensation order ex officio
A. As long as the defendant filed an appeal against the defendant's case, the case applying for a compensation order pursuant to Article 33 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings is also transferred to the appellate court, and even where the judgment of the court below is maintained in the appellate court, the order for compensation may be revoked