사기
The defendant's appeal is dismissed.
The defendant shall pay BA a compensation applicant KRW 200,000,000.
3.2
1. The summary of the grounds for appeal is unfair because the punishment of one and half years of imprisonment with prison labor sentenced by the court below against the defendant is too unreasonable.
2. Although the Defendant recognized each of the instant crimes, even though he/she is aware that his/her mistake is against it, each of the instant crimes was committed solely or in collusion with H, by deceiving a large number of persons wishing to purchase goods in the “number of e-commerce”, and by deceiving them up to 116 times in total, KRW 13.4 million. The said fraud was committed as above, and there are considerable social harm, such as disturbing the order of electronic commerce and spreading a large number of victims, and thus, it is necessary to severely punish the victims, and an agreement was reached between the victims up to the trial.
In full view of the fact that there is no evidence to support the victims’ efforts to recover damage, and that there was a record of having received juvenile protective disposition several times for the same kind of crime, and other various circumstances, such as the Defendant’s age, environment, occupation, family relationship, circumstances leading to each of the instant crimes, and circumstances after the crime, etc., the lower court’s punishment is unreasonable.
Therefore, the defendant's assertion is without merit.
3. Since the facts charged against the victim BA as to the application for compensation order filed by the trial party BA are found guilty, the application for compensation applicant seeking compensation order with respect to the amount obtained by deceitation is justified.
4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and since the application for compensation order filed by BA which is the party's application for compensation order is well-grounded, it is so decided as per Disposition by the assent of all participating Justices on the Law on Special Cases Concerning the Promotion, etc. of Legal Proceedings
However, in accordance with Article 25 of the Rules on Criminal Procedure, the summary of the evidence relating to the 2014 Highest 4968 case in the judgment below.