정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
The judgment below
The guilty part (including the part of the compensation order) shall be reversed.
A defendant shall be punished by imprisonment for six months.
The court below held.
1. The lower court’s scope of the trial in this Court’s instant case’s charges of fraud No. 2019Kadan1566, and acquitted the Defendant on the charge of fraud. However, although the written judgment of the lower court omitted, it is obvious that this would be caused by mistake, the lower court’s judgment ex officio correction is ex officio as seen in the following 6.
As to the remaining facts charged, the judgment of conviction was rendered, and only the Defendant appealed from the judgment of the court below on the grounds of unfair sentencing, the part of the judgment of the court below which the prosecutor did not appeal was separated and finalized as it is.
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The decision of the court below on the gist of the grounds for appeal is too unreasonable.
3. Determination of the grounds for appeal of this case on several occasions, including the suspension of the execution of imprisonment with prison labor, for the crime of fraud of the same type as this case, the defendant committed another and again commits each of the instant fraud of the same several Acts without being among the persons. Considering the fact that the nature of the crime is very poor in light of the applicable law, the period and frequency of the crime, the number of victims, and the amount of damage, and that it was impossible to repay the amount of damage to certain victims, the sentence of imprisonment with prison labor is inevitable.
However, the defendant was found to have committed all crimes including the case No. 2019dan785, which was denied in the court below due to the trial, and committed a misunderstanding in depth through confinement life close to about four months. In the court below, the victim C, F (2018 Godan2870), and AI (2019 Godan1472) have reached an agreement in the court below, and the victim S (2019 Godan538), which had been a large number of damages during the trial (2019 Godan560), B (20) and AH (2019 Godan1225) have paid damages to the victim G (2018 Godan2870) as well as agreed with them.