사기
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for a term of two years and two months.
The seized Samsung Tallon jum.
1. The court below rejected the applicant B’s application for compensation, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. Thus, the above application for compensation was immediately finalized.
Therefore, the part of the judgment of the court below which rejected the applicant B’s application for compensation shall be excluded from the scope of this court’s trial.
2. Summary of grounds for appeal;
A. The punishment of the lower judgment (one year and October) is too unreasonable in view of the fact that the Defendant led to the confession of all the crimes and the circumstances leading to the participation in the crimes, etc.
B. In light of the fact that there are nine victims of the instant crime committed by the prosecutor, the total amount of damage exceeds KRW 200 million, and that there is no agreement with the victims, the punishment of the lower judgment (one year and October) is too unfluent and unreasonable.
3. The judgment of the court below is justified in light of the following facts: the defendant led to the crime; the defendant does not seem to have committed the crime under the conclusive recognition of the substance and appearance of the singish crime; however, the crime of Bosing is deemed not to have been committed; it is hard to regulate because the method of crime is secret, organized, and it is not easy to recover the damage; since the scope of damage is not limited to the extent of damage; the amount acquired by the defendant from the victims exceeds KRW 20 million and the damage is not recovered at all; and other factors, including the defendant's age, sex, sex, environment, motive and circumstance of the crime, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing with the same and similar cases as shown in the records and arguments of this case, such as the following circumstances.
Therefore, the prosecutor's improper argument of sentencing is justified, and the defendant's improper argument of sentencing is without merit.
4. Since the appeal by the prosecutor of the conclusion is well-grounded, the part of the judgment of the court below regarding the case is reversed and remanded as follows.