Text
The judgment below
The defendant's appeal concerning the defendant's case is dismissed.
The judgment below
Of the compensation applicants D and E.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (one year and three months of imprisonment) is too unreasonable.
2. It is recognized that the Defendant made efforts to recover from damage, as well as the fact that the Defendant recognized all of the instant crimes, and made efforts to recover from damage, by repaying the amount of damage to certain victims.
However, in full view of the facts that the instant crime is committed against many unspecified victims, the nature of the instant crime is poor, the Defendant has been punished several times for the same kind of crime, and the Defendant again committed the instant crime even during the repeated crime period for the same kind of crime, the Defendant used the amount of defraudation as money, etc. in addition to living expenses, and the Defendant has not completely recovered from the damage up to now, there is no change in circumstances that may change the sentence of the lower court, and other factors indicated in the instant records and arguments, such as the Defendant’s age, sex, environment, the process, motive, means, and consequence of the instant crime, and the situation before and after the instant crime, it is not recognized that the lower court’s punishment against the Defendant is too unreasonable.
3. When the defendant, ex officio, files an appeal against a conviction, the court below will ex officio examine the part of the compensation order for applicants D and E in the judgment of the court below, since the compensation order was transferred to the appellate court pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the compensation order, since it did not object to the compensation order.
The court below fully accepted the application for compensation order filed by the applicant D, and ordered the applicant D to pay 1,345,600 won by fraud to the applicant D, and 3,960,000 won by fraud to the applicant E, by partially citing the application for compensation order filed by E.
According to the records, the applicant D is attached to the decision of the court below.