사기등
Defendant
All appeals by prosecutors are dismissed.
The defendant pays 13 million won to the applicant for compensation.
1. The defendant asserts that, with respect to the punishment of the original judgment (a punishment of two years, i.e., 1 to 10) on the summary of the grounds for appeal, the defendant is too unreasonable, and the prosecutor is too unfied and thus unfair.
2. We examine the reasons for appeal. The crime of this case is a favorable reason for sentencing, such as the following: (a) the method of the crime of this case is organized, planned, intelligent, and manuous damage to many and unspecified persons; (b) the damage amount is considerable; and (c) the fact that the defendant has been punished for the same kind of crime is a reason for sentencing unfavorable to the defendant; (b) the defendant recognizes the crime of this case; (c) the defendant has no record of the suspension of qualification or higher punishment; (d) the profit gained by the defendant is not higher than the scale of damage; and (e) the defendant has recovered damage to the victim D.
In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the instant crime, and all other factors pertaining to the sentencing indicated in the records and arguments of this case, the sentence of the lower judgment is deemed reasonable, and the Defendant and the Prosecutor’s assertion are without merit.
3. Since it is recognized that the defendant's criminal facts against the applicant for compensation as to the application for compensation are guilty, and the principal of the damage is recognized as the cause of 13 million won, the defendant has the obligation to pay 13 million won to the applicant for compensation.
4. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. The application for remedy order by the applicant for compensation is accepted pursuant to Articles 25(1), 31(1), and 31(2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc. and Article 31 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings with respect to a declaration of provisional execution.