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The defendant's appeal is dismissed.
The defendant shall pay 455,00 won to Y who is an applicant for compensation.
3.2
Reasons
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. There are extenuating circumstances, such as the following: (a) one-time account; (b) the confession of the facts of the offense by the Defendant; (c) the fact that part of the amount of damage was discharged; and (d) the fact that there
On the other hand, each of the crimes of this case is committed in collusion with other persons in a systematic and planned manner, thereby impairing the order and trust in the Internet commercial transactions by deceiving money to many unspecified victims by false posted on the Internet sales site, and thus, the nature of the crime is not good. The scale of the crime is very large of 143 victims, 33,300,000 won, most of the damage is not recovered, and the defendant has a number of criminal offenses, and in light of the fact that the defendant committed each of the crimes of this case during the period of repeated crimes after having been sentenced to imprisonment with prison labor for a short term of one year and four months and a long term of two years for special larceny in 2012, and the execution of the punishment has been completed, it is inevitable to pronounce strict punishment against the defendant.
The lower court, including the aforementioned circumstances, determined the punishment by fully taking into account the overall circumstances regarding the sentencing of the Defendant within the scope of the sentencing guidelines and deemed that it is within the reasonable scope, and thus, it is not recognized that the lower court’s punishment is too unreasonable.
3. If so, the defendant's appeal is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. Since an application for remedy order filed in the trial is well-grounded, it is ordered that the defendant pay 45,00 won to the applicant for remedy pursuant to Articles 25 (1), 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., but it is ordered that a provisional execution should be attached to the above compensation order pursuant to Article 31 (3) of the same Act.