사기등
The defendant's appeal is dismissed.
The defendant will pay KRW 11,515,00 to the applicant B for the trial compensation.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment) is too unreasonable.
2. The Defendant recognized and opposed to the instant crime on the grounds of appeal.
The defendant has no record of criminal punishment.
On the other hand, in order to raise the Internet gambling fund, the victims also want to punish the victims because the victims have much big amount of money obtained by deceit from victims over several times, and they have not been repaid damage.
Many of the defendants are illegal gamblings on the Internet, and the amount is also large.
In addition, considering the Defendant’s age, sex, environment, and details of the instant crime, and the sentencing conditions indicated in the instant case’s records and arguments, the lower court’s punishment cannot be deemed unfair due to the absence of such circumstances.
3. Determination on the application for compensation
A. The applicant B filed an application for compensation seeking payment of KRW 11,515,000 at the trial.
According to the evidence duly admitted by the court below, the defendant can recognize the fact that the defendant acquired 11,515,00 won from the applicant as the victim of the crime of this case. Thus, the defendant is liable to pay the above amount to the applicant.
B. It is not reasonable to issue an order for compensation because it is not clear whether or not the defendant is liable for compensation or its scope is not clear, since it is different from the amount of defraudation stated in the facts of crime in the judgment of the court below against the applicant D who applied for compensation and the amount claimed by the applicant.
4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. Since the applicant's application for compensation B is well-grounded, it is accepted in accordance with Article 25 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and a provisional execution is attached to the above compensation order pursuant to Article 31 (3) of the same Act. Articles 32 (1) 3 and 25 (3) of the same Act are stipulated.