사기
The defendant's appeal is dismissed.
The defendant will pay 15 million won to the applicant(s) for compensation.
1. The lower court’s sentence (three years of imprisonment, confiscation) against the Defendant on the summary of the grounds of appeal (unfair sentencing) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the grounds for appeal, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). After the sentence of the lower court, there is no new circumstance to consider the sentencing, and there is no substantial difference in the nature of the crime of this case, the fact that the crime of this case is considerably good, the majority of the victims and the amount of damage is high, and all the conditions of sentencing shown in the pleadings, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are considered to be too unreasonable.
3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the applicant for compensation seeking payment of 15 million won by deceptive money from the crime of this case (the judgment of the court below) is well-grounded. Thus, pursuant to Articles 25 (1) and 31 (1) through (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the defendant shall be paid 15 million won to the applicant for compensation (the judgment of the court below) and the provisional execution thereof shall be ordered (where an appeal against a conviction is filed, the compensation order shall be transferred to the appellate court along with the defendant's appeal (Article 33 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings), and the part of the judgment of the court below regarding the compensation order among the appeal petition or the reasons for appeal submitted by the defendant does not indicate the grounds for appeal as to the part concerning the compensation order cannot be corrected ex officio.)