사기
The defendant's appeal is dismissed.
The defendant pays 450,000 won to the applicant K for compensation.
1. The sentence imposed by the lower court (four months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Determination
A. It is recognized that the defendant's judgment on the grounds for appeal by the defendant is recognized that he/she made a confession of all the crimes and repents his/her mistake, and that he/she has no record of criminal punishment.
However, in light of the motive, method, frequency, etc. of each of the instant crimes, the punishment of the lower court is too unreasonable, considering all of the sentencing conditions stated in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means, and consequence of each of the instant crimes, etc., the punishment of the lower court is too unreasonable.
Therefore, the defendant's assertion is without merit.
B. Where an appeal is filed against a conviction on the judgment of conviction on the part of the compensation order against the applicant B of the judgment below, the confirmation of the compensation order shall be interrupted, and the order for compensation may be transferred to the appellate court (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings) along with the Defendant case, and even where the judgment of the court below is maintained at the appellate court (Article 33(4) of the same Act). According to the records, the applicant B may be aware of the fact that the applicant B received refund of KRW 364,00,000, excluding the fee from the online transaction website, so it constitutes a case where the existence and scope of the Defendant’s compensation liability against the applicant B of the compensation applicant is unclear
3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act, and the Defendant’s appeal is dismissed under Article 25(1), Article 31(1), and Article 31(2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. In accordance with Article 25(1), Article 31(1), and Article 31(3) of the same Act, to order the Defendant to pay KRW 450,00 by deceiving the applicant K for compensation.