사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The fact that the defendant's judgment is against the defendant is favorable to the defendant.
On the other hand, the following is disadvantageous.
The Defendant was sentenced to criminal punishment for committing a crime of fraud, which took property in favor of a female female under the same method as the instant crime, and was discharged from prison, and again committed the same crime against the two victims at the same time, and thus, the nature of the crime is extremely extremely bad.
Due to the Defendant’s commission of crime, mental suffering, such as a sense of worship and emotional deprivation, etc., seems to have been serious (in particular, in the case of the victim H, the Defendant left Korea from a foreign country on the day when he embezzled the victim’s car and tried to visit the car) and economic damage is very large to KRW 1.6 million in total.
Nevertheless, damage has not been completely recovered, and since the defendant did not endeavor to recover the victims' damage, it is necessary to severely punish the victims.
In addition, as a result of the combination of crimes in this case, various sentencing conditions as shown in the argument in this case, including the background of the crime in this case, circumstances after the crime in this case, the defendant's age, sexual conduct, environment, etc., and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee (the 1.8 months to 6 months from 8 months from 1.6 months), the general fraud type 2 (the 10 million won to 50 million won) is aggravated (the 1.8 months from 8 months to 6 years, the 2 crime (the 1.10 million won from 10 million won) with rise in the 1th class (the 1.1 billion won from 4 months to 4 months from 1.6 months from 1.6 months from 1 year and 4 months from 1.6 months from 1.6 months from 2008, the prosecutor's assertion that the defendant's final sentencing in this case is unfair and acceptable.
3. If so, the Prosecutor’s appeal is to be made.