사기
The defendant's appeal is dismissed.
The judgment below
The part of the compensation order against B among the applicants for compensation is revoked.
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. The fact that the defendant made a confession of all of the crimes of this case while making a judgment on the grounds for appeal of this case is contradictory to the defendant, and that part of the defendant made an agreement by paying the amount of damage to the victim before the decision of the court below was made, and that he made efforts to recover damage, such as paying the amount of damage to five victims
However, the crime of fraud in online transactions, such as this case, only causes monetary losses to victims, and it is necessary to strictly punish the victims because it damages the social trust in online transactions which are general, which are general, which are recently general means of transactions. The defendant has the criminal record of having been subject to criminal punishment several times due to the act of fraud under the same law, and in particular, the defendant has repeated the same crime during the period of repeated crimes, and even during the investigation and trial due to this case, the defendant continued to commit several crimes against multiple victims during the short period, repeated crimes against a large number of victims during the short period, and has not been completely recovered from full damage, other unfavorable circumstances such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime in this case, and all of the sentencing conditions indicated in the records and arguments of this case, such as the circumstances after the crime, etc., do not seem to be unreasonable. Therefore, the defendant's assertion is without merit.
3. Determination on the application for compensation
A. According to the court below’s determination on the application for compensation filed by B, the Defendant’s mother, prior to the pronouncement of the court below’s judgment, remitted KRW 171,000 equivalent to the amount acquired by deceit to B on April 25, 2019 and repaid the amount of damage.
Therefore, the application for compensation filed by the applicant B shall be dismissed as it is without merit, and otherwise, the applicant for compensation is the applicant for compensation.