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The judgment below
Among the defendant case and the applicant D and E, the compensation order part against the defendant shall be reversed.
Defendant shall be punished by imprisonment.
Reasons
1. The sentence of the lower court (one year of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.
2. The fact that the defendant was punished for larceny in 2017 and the damage amount of individual cases itself is significant.
In light of the fact that the total amount of damage is imminent, approximately KRW 7 million, the victim also 20,000, the victim was paid part of the damage in the trial, but the damage still has not been fully recovered (part victims expressed their intent to resist the unilateral account transfer to the defendant's side in the trial in the trial in the case of the crime in this case). As for the crime in this case, it is necessary to strictly punish the defendant in terms of disturbing the order of electronic commerce and making the users lose trust (as for the case of fraud by using the Internet, it can be seen that the defendant requests the victims who are likely to suffer from fraud due to the advance payment in light of the message content between the defendant and the victims). In light of the fact that the defendant was present at the Dam Police Station in Seoul on July 28, 2017 and was sentenced to the first criminal investigation on July 28, 2017, and the defendant continued to have been prosecuted for the first time after the first time.
However, in full view of all the sentencing conditions indicated in the arguments of this case, including the fact that the Defendant recognized all of the crimes of this case, the fact that some damage was paid to the Defendant during the trial as seen earlier, the fact that there was no criminal record of a fine or heavier punishment, the mother of the Defendant is leading to the Defendant, and other various sentencing conditions indicated in the arguments of this case, such as the age of the Defendant, motive and consequence of the crime, the punishment sentenced by the lower court is somewhat unreasonable.
Therefore, the defendant's argument is justified.
3. Thus, the defendant's appeal of this case is justified.