사기
The defendant's appeal is dismissed.
The order for compensation by the court below shall be revoked.
The request of the applicant for compensation shall be dismissed.
1. The sentence of the court below (three years of imprisonment) is too unreasonable in light of the fact that the defendant reflects his fault and that the defendant made efforts to recover damage, etc.
2. The defendant paid a part of the amount of damage to the victim E and C at the trial, and agreed that the above victims do not want the punishment of the defendant, but the defendant took part in the phishing fraud and took part in the role of collecting cash, and acquired a large amount of money exceeding 300 million won from many victims. The defendant committed the above crime for 15 days and 15 days, and the profits accrued therefrom are more than 10 million won, and the organized phishing fraud crime is serious social harm, such as undermining the foundation of the victims and encouraging public authority and financial transactions by acquiring the money that he has saved overlapping with each other, and thus, it is difficult for the court below to hold that the punishment is too unfair. In full view of all the sentencing conditions shown in the argument of this case, such as the age, character, environment of the defendant, and the circumstances before and after the crime, etc., the punishment of the court below is too unfair.
3. The lower court rendered an ex officio judgment on the part of the compensation order among the lower judgment, citing the application for compensation order filed by the victim C, one of the victims of the instant crime, and rendered a compensation order that “the Defendant shall pay to the applicant for compensation the amount of KRW 23 million.”
However, according to the records of this case, since it is recognized that the defendant agreed with the above victim on April 16, 2018, which was after the decision of the court below was rendered, it is not reasonable to issue an order for compensation because the scope of the defendant's liability for compensation against the above victim
I seem to appear.
4. If so, the defendant's appeal of this case is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the court below's order for compensation has the grounds for cancellation prior to it.