사기등
All appeals filed by the prosecutor against the Defendants are dismissed.
All applications for compensation order filed by an applicant for compensation shall be dismissed.
1. The gist of the prosecutor's appeal concerning prosecutor's appeal is as follows: each sentence (Defendant A: 2 years of suspended sentence of one year and four months of imprisonment, confiscation, confiscation, and confiscation, Defendant B: one year of suspended sentence of two years and one year of suspended sentence of one year and two years of suspended sentence of one year, and return of victim No. 7 and 8) declared by the court below to the defendants is deemed unfair; however, the defendants A paid damages to a considerable number of victims; Defendant A did not have any criminal record other than a fine of one kind; Defendant B did not have any history of criminal punishment; Defendant B did not have any history of criminal punishment; Defendant B did not have any history of criminal punishment; and in full view of various circumstances, such as the circumstances leading to the defendants' crimes, the age, character and conduct of the defendants, circumstances after the crime, etc., it is not recognized that each sentence imposed by the court below is unreasonable. Thus, the prosecutor's argument above is without merit.
2. Determination as to an application for compensation order
A. Since E, an applicant for compensation, received KRW 1.3 million out of the amount of damage caused by the fraud of this case 1.4 million, he/she sought payment of the remainder KRW 100,000,000,000 for consolation money and KRW 10,100,000 for mental damage, and damages for delay.
First, according to the health stand, according to the records, the defendants and C are recognized to have acquired 1.3 million won from E, the applicant for compensation on December 12, 2018 (Article 21 of the judgment of the court below, the damage amount of E at the same time is stated as 1.3 million won per annum of fraud crime list), and there is no evidence to prove that the defendants acquired money in excess of the above amount from E, the applicant for compensation. Thus, the above part of the application is rejected.
Next, the mental suffering of consolation money caused by health loss and property damage is the compensation for property unless there are special circumstances to deem that it is serious to the extent that the compensation for property damage cannot be compensated by itself.