사기등
The judgment below
The remainder, other than the dismissed part of the application for compensation, shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The lower court rejected the application for compensation by the applicant for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation did not file an objection against the judgment dismissing the application for compensation. Therefore, the part rejecting the said application for compensation was immediately determined.
Therefore, among the judgment of the court of first instance, the dismissal of the above application for compensation is excluded from the scope of adjudication of this court.
2. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.
3. On the grounds of appeal, the crime of this case is deemed to have been stolen or stolen by the Defendant by directly receiving each victim’s damage money as a means of collecting cash of the so-called Bosing organized crime, and there is a need to strictize that the Defendant committed the crime of this case, which has the meaning of completing the pertinent Bosing crime, and the nature of the crime is not good, and the Defendant committed the crime of this case, which has a total of KRW 15465 million over seven times, and the damage amount is significant. Since the passbook he transferred by the Defendant was used for the Bosing crime and was brought into an investigative agency for the violation of the Electronic Financial Transactions Act, the Defendant is deemed to have committed the crime of this case, even though he could sufficiently recognize the illegality and social harm on the so-called Bosing crime, and thus, it is highly probable that the crime of this case has been committed again, which is disadvantageous to the Defendant.
However, it seems that the defendant recognized the crime of this case, the defendant paid most of the amount of damage to the victims, agreed with six victims among the seven victims, the rest of the victim is not wanting to reach an agreement, and there are circumstances that the defendant refused to make a deposit, submitting several rebuttals, endeavoring to pay damages, etc., and the defendant is the first citizen of the old society.