특정경제범죄가중처벌등에관한법률위반(사기)등
All appeals filed by the defendant and prosecutor are dismissed.
1. The court below rejected the application for compensation by the applicant for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation. Thus, the above case for the application for compensation order is immediately determined and thus is not transferred to the appellate court.
Therefore, the part of the judgment of the court below which rejected a request for compensation order shall be excluded from the scope of this court.
2. Summary of grounds for appeal;
A. The sentence of the lower court (five years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
3. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant denied the intent of deception and deception with respect to each of the instant crimes at the lower court, but the Defendant appears to have recognized all of the instant crimes and against each of the instant crimes.
The defendant paid approximately KRW 200 million to the victim under the name of the proceeds from investment, etc., and part of the monetary damage of the victim caused by each of the crimes in this case seems to have been recovered.
In addition, the defendant has no record of criminal punishment for the same crime in Korea.
However, the Defendant, while making a false statement that the cosmetics business, the substance of which has not been verified for about one year, is smoothly being carried out, acquired a large amount of money which is the sum of KRW 157,500,000,000 as the name of investment and loan to the victim, the method and consequence of the crime are as follows.