사기
The defendant's appeal is dismissed.
The defendant shall pay 131,895,000 won to I who is an applicant for compensation.
3.2
1. The sentence imposed by the court below (one year and ten months of imprisonment) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The Defendant committed a long-term fraudulent act with an secret plan against many and unspecified persons, and the total amount of damage exceeds KRW 190,000,000, which is disadvantageous to the Defendant.
Such crimes are highly harmful to the society, such as chilling the Internet electronic commerce, increasing the transaction cost for safety transactions.
The victims have not been properly recovered from their damages and have not reached an agreement.
In addition, considering the Defendant’s age, character and conduct, environment, etc. and various conditions of sentencing indicated in the record, even considering the fact that the Defendant is seriously against, and the favorable circumstances such as family relations, the lower court’s punishment cannot be deemed excessively heavy beyond the reasonable limit of discretion.
3. The Defendant’s appeal is without merit and thus dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and the Defendant’s application for compensation is with merit. Thus, it is so decided as per Disposition in accordance with Articles 25(1), 31(1), 31(1), 2, and 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.