사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment and six months) of the lower court’s sentence against the Defendant is too unreasonable.
2. The fact that the sum of the amount obtained by deceptions through each of the frauds in the instant case’s case’s assertion of unfair sentencing is extremely large, such as gathering 60 million won or more, and that the victims caused economic damage by committing a crime over a considerable period of time against many victims, etc. are considered unfavorable to the Defendant.
However, in light of the following facts: (a) the Defendant made confessions and reflects of all of the instant crimes when the Defendant was in the trial; (b) completed all agreements with the victims of each fraud by making an additional agreement with the victim E; (c) the Defendant was actually engaged in the business of providing accommodation services, etc.; (d) some of the frauds were intentionally committed; and (e) the degree of deception appears to have been weak; and (e) the Defendant appears to have not existed prior to each of the instant crimes; and (e) other circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the sentencing guidelines of the Sentencing Committee by the Supreme Court, the sentencing of the Defendant is unreasonable.
3. The lower court, on the part of the compensation order, ordered the Defendant to pay KRW 125,00,000 to E, an applicant for compensation, who is the applicant for compensation at the lower court. However, as seen above, the lower court agreed upon the applicant for compensation at the lower court’s trial, and thus, it became unreasonable to issue the compensation order in the criminal procedure because the scope of the compensation liability is unclear.
4. Accordingly, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the application for the compensation order of this case is determined as follows.