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The defendant's appeal is dismissed.
The defendant pays 108,570,000 won to an applicant for compensation, which is caused by fraud.
3.2
Reasons
1. The sentencing of the court below (one year of imprisonment) is too unreasonable.
2. The Defendant, who judged the grounds for appeal, recognized the mistake and contradicts the principle of good faith.
However, the defendant committed fraud against the victim who had a relationship with the victim, and the amount of damage caused by the crime reaches about KRW 110 million.
The Defendant was not able to use the victim, and most of the damages were not recovered.
In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the lower court’s sentencing is not unfair.
3. According to the evidence examined by the court below as to the application for compensation, the defendant acquired 110,370,000 won from the applicant for compensation due to the instant fraud, and the fact that the defendant paid 1,80,000 won out of them can be acknowledged. Thus, the application for compensation order against the defendant by the applicant for compensation is justified within the scope of 108,570,000 won (110,370,000 won - 1,800,000 won).
4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.
Since the application for compensation by the applicant for compensation is well-grounded within the scope of KRW 108,570,000, the defendant shall order the applicant for compensation to pay KRW 108,570,000 out of the fraudulent damage amount pursuant to Articles 25(1), 31(1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., and shall attach a provisional execution to the above order for compensation pursuant to Article 31(3) of the same Act.