사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.
2. We examine the judgment on the grounds of appeal, and consider the necessity of the strict punishment for the crime of Bosing crimes of this case, considering the defendant who committed several fraudulent acts including the punishment for the crime of fraud, such as this case, as the court below explained under the circumstances unfavorable to the defendant, it seems that the punishment corresponding to the responsibility of the defendant is necessary.
However, in light of the following: (a) the Defendant committed all crimes of this case, and committed a serious violation in depth; and (b) the lower court made an agreement with the victim M in addition to the withdrawal of the Defendant’s complaint against the Defendant; (c) deposited KRW 100,000 for the victim H and L; (d) the background and duration of the participation in the organization of the instant Bosing; and (e) the role of the Defendant in the organization; and (e) other factors for sentencing as indicated in the records, such as the Defendant’s age, character, character, environment, and circumstances after the crime, etc., the lower court’s punishment against the Defendant is too unreasonable.
3. According to the evidence duly adopted and examined by the court below and the court below's judgment on the application for compensation, the defendant can recognize the fact that he acquired 5.7 million won from the applicant for compensation. Thus, the defendant is obliged to pay 5.7 million won to the applicant for compensation.
The defendant deposited one million won out of the above fraudulent money for the applicant for compensation on February 17, 2020. However, if the deposit is valid, it is necessary to provide the full repayment of the obligation and deposit the full amount of the obligation, and the deposit of part which is not the full amount of the obligation does not take effect as to that part. The above deposit is the amount of direct physical damage caused by the fraudulent crime against the applicant for compensation.