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The defendant's appeal is dismissed.
The judgment below
The part of the compensation order shall be revoked.
-the applicant for compensation.
Reasons
1. The punishment of the court below is too heavy when considering various circumstances against the defendant in light of the summary of the grounds for appeal.
2. The judgment of the court below is a favorable condition such as the defendant's perception of the crime of this case and reflects his mistake in depth, and the defendant's absence of the same criminal records. However, the crime of this case is a case where the defendant purchased medical equipment 29 times more than 76,20,00 won by obtaining a total of KRW 76,00 from the victim to repay his personal debts or living expenses, etc., and most of them are punished for the crime, considering the method, period, frequency, amount of damage, etc. of deceptive act, the damage caused by the crime of this case has not been recovered until now. However, considering all of the sentencing conditions in the records and arguments of this case including the defendant's age, character and behavior, environment, conditions before and after the crime of this case, etc., the sentence imposed by the court below is too unreasonable. Thus, the above argument of the defendant is without merit.
3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the compensation applicant's application for compensation is recognized to have used approximately KRW 10 million in purchasing the actual medical equipment by the defendant. Accordingly, it is not clear that the actual amount of damage is about KRW 70 million, which is less than the amount of damage stated in the facts charged in this case (Article 33 (4), 32 (1) 3, and 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings since the scope of the defendant's compensation liability is not clear and it is not reasonable to issue a compensation order. Thus, the compensation order part of the judgment of the court below is revoked pursuant to Articles 33 (4), 32 (1) 3, and 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.