사기
1. The defendant's appeal is dismissed;
2. The Defendant shall pay 40,000,000 won to the applicant A.
1. The decision of the court below on the gist of the grounds for appeal (four years of imprisonment) is too unreasonable.
2. The fact that the defendant has no domestic criminal history, and that the defendant is both aware of his/her fault and reflects his/her fault is favorable to the defendant.
However, each of the crimes of this case is organized fraud by the crimes of Bosing which multiple persons play a role in advance and planned in advance, the victims are many 13 persons, damage amount is a large amount exceeding 500 million won, and some victims want to be punished against the defendant, and other circumstances revealed in the arguments of this case, including the defendant's age, sexual conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the scope of the recommended punishment (3-9 years to be sentenced to imprisonment) according to the sentencing guidelines, and the aggravated area [3-years to be increased [3-years to be more than 500 billion won, and less than 5 billion won] [3-years to be increased more than the most serious one crime as a result of the combination of these types of concurrent crimes, so the lower court's assertion that the defendant's punishment is unreasonable is not accepted because it is too unfair if the defendant's punishment is imposed on a large number of victims]
3. Conclusion
A. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.
B. Since the applicant AA’s application for compensation filed in the trial of the party is partly well-grounded, Article 25(1), Article 31(1), and Article 31(2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings order the Defendant to pay 40 million won by deceit to the applicant for compensation pursuant to Article 25(1), Article 31(1), and Article 31(2) of the same Act, and a provisional execution is imposed on the above compensation order pursuant to Article 31(3) of the same Act (Provided, That the application for compensation on the part of late payment damages is not appropriate as there is no clear provision on the corresponding portion and interest rate