특정경제범죄가중처벌등에관한법률위반(사기)
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court’s sentence against the Defendant (one year of imprisonment) is too unreasonable.
B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.
2. The fact that the Defendant recognized the instant crime and reflects its depth, and that the instant crime is a crime that occurred at a time similar to the case that was punished for fraud, etc. in around 2013, and the victim’s complaint was made late and thus becomes subject to a separate trial, and that it is necessary to consider equity with the case of concurrent crimes after Article 37 of the Criminal Act, which is favorable to the Defendant.
On the other hand, the crime of this case is committed by borrowing a total of KRW 500 million from the injured party despite the absence of the intent or ability to repay the money from the injured party, such as the decrease in the sales of the new product manufacturer operated by the defendant, and the amount of the money from the damaged party to the situation where it is difficult to settle the issued checks and bills, etc., and the crime of this case is committed by fraud. The crime of this case is poor in light of the criminal law and contents, etc., and even though the amount of damage was large, the injured party wanted to be punished by the defendant because it was agreed with the injured party or because it was not restored.
Considering the above circumstances and other factors of sentencing as indicated in the argument of the instant case such as the Defendant’s age, sex, family relationship, and circumstances after the crime, the lower court’s sentence against the Defendant was excessively heavy or unhued so as to have exceeded its discretion in sentencing.
It does not appear.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.