beta
Text
1. The defendant's appeal is dismissed;
2. Of the judgment below, each part of the compensation order against C and L, which is the applicant for compensation.
Reasons
1. The gist of the grounds for appeal is that of the lower court’s punishment (three years and six months of imprisonment) too unreasonable.
2. Determination
A. As to the Defendant’s assertion of unfair sentencing, the circumstances favorable to the Defendant include the following: (a) the Defendant’s fault against himself/herself; (b) the Defendant appears not to have led to the crime; and (c) the Defendant has no criminal record in Korea
However, the crime of fraud in the sale of goods on the Internet is a crime that damages trust in sound Internet commercial transactions and helps an unspecified number of damage, and is not good, and in particular, this case appears to be a crime committed systematically through many participants in China, and the defendant plays a key role in realizing profits from the crime by withdrawing the amount of damage deposited in the account and delivering it to his/her accomplices in his/her name. The victim is a majority of 75 persons, the total amount of damage amount is more than 60 million won, but no damage or agreement has been reached until the trial. In full view of various circumstances, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too unfair because it goes beyond the reasonable scope of discretion.
Therefore, the defendant's assertion of unfair sentencing is without merit.
B. When the defendant, ex officio, filed an appeal against conviction as to each of the compensation orders against C and L, the compensation order is transferred to the appellate court along with the defendant's case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). C of the judgment below, which is the applicant for compensation, is the applicant for compensation among the judgment below.