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Defendant
The appeal is dismissed.
The defendant shall pay 50,000 won to the applicant for compensation by deceit.
The above order shall be.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and six months) of the original judgment is too unreasonable.
2. There are extenuating circumstances such as the Defendant’s confession and reflects all of the instant crimes, and the amount of damage to each victim is relatively small.
However, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant deceivings victims over 40 times in a similar way, thereby deceiving them total of KRW 18.9 million, and that it is not good to commit such crime; that there are many criminal records; that part of the defendant has been sentenced to punishment; that the defendant committed the crime of this case without being aware of even though he is a repeated crime period; that it was committed by the defendant without being aware of it; that it was not completely recovered from damage up to the trial; that it was not agreed with the victims.
In this context, the scope of the recommended sentence by the Sentencing Committee of the Supreme Court is too unreasonable considering the following factors: (a) fraud group, general fraud, type (in the case of repeated crimes against a specific or large number of victims, or over a considerable period of time) and the increased area; (b) the scope of the recommended sentence (one to two years and six months of imprisonment). In addition, comprehensively taking account of the Defendant’s age, character and behavior, environment, relationship with victims, motive of the crime, circumstances before and after the crime, etc., the sentence of the court below is too unreasonable.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.
The application for a compensation order shall be quoted pursuant to Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and the sentence of provisional execution shall be ruled as ordered by applying Article 31 (3) of the same Act.