사기등
All appeals filed by prosecutors and defendants are dismissed.
1. In a case where an appeal against a judgment of conviction in the scope of adjudication of this Court is filed, the confirmation of a compensation order shall be prevented even without an objection to the compensation order, and the compensation order shall be transferred to the appellate court along with the defendant case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). With respect to non-reason for ex officio investigation, the appellate court may conduct adjudication only where it is stated in the petition of appeal or it is included in the reason for appeal submitted within the prescribed period unless it is stated in the petition of appeal. However, it is evident that the appellate court may conduct adjudication ex officio even if it is not included in the reason for appeal only for the reasons affecting the judgment (see Supreme Court Decision 98Do1234, Sept. 22, 1998, etc.). The court below accepted each application for compensation by the applicant B and C, and although the defendant appealed against the judgment of the court below, the defendant did not assert the grounds for appeal regarding each cited portion of the compensation order of the court below, even if examined ex officio.
2. The summary of the grounds for appeal (a two-year imprisonment, confiscation) imposed by the court below on the defendant is too weak or unreasonable.
3. The judgment of the court below is based on the following circumstances: (a) fraud in which the defendant led to a confession and reflective appearance; (b) fraud in which the defendant participated is so-called Bosishing fraud, which is very intelligent and organized by the applicable method; (c) the victim’s total sum of 13 persons, and the amount of fraud in this case is about 757,85,00 won; (d) the number of crimes exceeds 30 times; (c) the forged public document is about 30; (d) the number of times the defendant used the forged public document is about 12 times; and (e) the amount equivalent to 3% of the amount of fraud acquired by the defendant from Bosishing organization (sum 22,735,650 won as calculated).