사기
All appeals filed by the defendant and prosecutor are dismissed.
Of the compensation order issued by the lower court, the part concerning AE, which is an application for compensation.
1. The court below accepted part of the application for compensation order filed by AA, E, and M (A: 2.13,00 won, part of 2.13,00 won, E: 290,00 won, and part of the damages for delay, and 2.50,00 won, which are the principal of 2.0,000 won, M: 2.50,000 won, and part of the damages for delay, respectively. The court below accepted each application for compensation by the remaining applicants for compensation. The defendant filed an appeal against the judgment of the court below and appealed each application for the compensation order pursuant to Article 33(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.
However, without stating the grounds for appeal regarding the part on the petition of appeal and the statement of grounds of appeal submitted by the defendant and his defense counsel, and even if ex officio is examined, the part on the order for compensation other than AE (this refers to the following) which is the application for compensation by the original court cannot be revoked or amended, and therefore, the part on the order for compensation by the original court other than AE, the application for compensation by the original
On the other hand, an applicant may not file an objection against the judgment dismissing an application for compensation order or admitting a part thereof.
(Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. The lower court cited part of an application for compensation order filed by AA, E, and M, which is an application for compensation by the lower court, and dismissed the remainder. Since the dismissal part is not possible to file an objection, it became final and conclusive immediately, the part of the lower judgment dismissing part of the application for compensation order
2. Summary of grounds for appeal (unfair sentencing)
A. Defendant: The sentence of the lower court (two years of imprisonment and a fine of five million won) is too unreasonable.
B. Prosecutor: The lower court’s sentence is too unhued and unreasonable.
3. Determination
A. The instant crime committed on the part of the allegation of unfair sentencing pertains to the sale of a secondhand goods via the Internet’s trading site.