사기
The defendant's appeal is dismissed.
An application for remedy by an applicant for compensation shall be dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) against the Defendant is too unreasonable.
2. Determination
A. The defendant's judgment on the defendant's unfair argument of sentencing is recognized both of the facts of the crime, and it is recognized that the defendant deposited a total of 1.3 million won for some victims in the first instance, but it is not good that the defendant committed a crime against many trusted people under normal Internet commercial transactions. The defendant not only has the record of punishment several times due to the same kind of crime but also has the record of committing the crime in this case during the repeated crime period due to the same crime, the majority of the victims and the amount of damage are not sufficient, the damage is not sufficiently recovered, and in light of other various circumstances that are the conditions for sentencing specified in this case, such as the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the court below's punishment is too excessive and is not unfair. Thus, the above argument by the defendant is without merit.
B. Although the victim P seeking compensation of KRW 300,000 by defraudation against the Defendant, the Defendant deposited the amount of compensation application with the victim P as the principal offender on April 14, 2016, which was after the Defendant applied for a compensation order, with the full repayment of the amount of compensation application, and thus, the scope of the scope of liability for compensation is unclear. Thus, an application for compensation by the applicant for compensation pursuant to Articles 32(1) and 25(3)3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings was unlawful.
3. 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, and the applicant's request for compensation order filed in the trial is illegal and thus, it is so decided as per Disposition.