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The judgment below
The part of the defendant's compensation order, except the compensation order, shall be reversed.
The defendant is punished by a fine.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (2 million won in penalty) is too unreasonable.
2. Determination
A. The Defendant committed a crime of fraud against many unspecified persons on multiple occasions in determining the grounds for appeal is an unfavorable circumstance to the Defendant.
However, the fact that the defendant agreed with L/O and repaid the remaining victims each amount of damage, that the defendant has no record of criminal punishment for the same kind of case, and that the crime of this case must take into account the equality between the case and the case of concurrent crimes of the latter part of Article 37 of the Criminal Act in relation to the special injury for which judgment has become final and conclusive, etc.
In addition, considering the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, various sentencing conditions as shown in the records and arguments, such as the circumstances after the crime, the punishment sentenced by the court below is considered unfair.
B. In a case where the defendant, ex officio, files an appeal against the judgment of the court below on the order for compensation against the defendant, even though he does not object to the order for compensation, the order for compensation is transferred to the appellate court along with the defendant case pursuant to Article 33 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. Therefore, the part of
According to the records of this case, the court below ordered the defendant jointly with the co-defendant C to pay the compensation amount of KRW 500,000 to the applicant of the court below, but it can be recognized that the defendant paid the compensation amount of KRW 500,000 to the applicant of the court below around September 2, 2020. Thus, it is not reasonable to issue a compensation order because the existence or scope of the defendant's compensation liability is not clear.
Therefore, the part of the judgment of the court below regarding the defendant's compensation order is added.