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The defendant's appeal is dismissed.
An applicant for compensation shall be dismissed.
Reasons
The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.
Judgment
Each of the crimes of this case is acknowledged as having the relation between the crime for which judgment has become final and the latter concurrent crimes under Article 37 of the Criminal Act, such as the first head of the crime in the judgment below, and the crime for which judgment has become final and the crime for which judgment has become final under Article 39(1) of the Criminal Act
However, each of the crimes of this case was committed by the Defendant by deceiving the victim in a planned manner and received a large amount of KRW 237 million from the victim. In the process, each of the crimes of this case was committed by forging a sales contract under the name of another and using a method of using it. The nature of the crime is very heavy in light of the method of crime and the number of damages.
In addition, even though there have been a history of punishment several times as a crime of fraud, the Defendant committed each of the crimes of this case, and did not agree with the victim up to the trial. After committing the crime, the Defendant did not make full efforts to recover the damage, except for the 60 million won that was immediately returned to the victim.
In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.
Therefore, the defendant's assertion is without merit.
Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant, and the application for compensation order by the applicant for compensation is not clear, so the scope of the defendant's compensation liability is not clear, so it is so decided as per Disposition by the court below.