특정경제범죄가중처벌등에관한법률위반(사기)
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The Defendant: (a) obtained pecuniary benefits equivalent to KRW 1,126,686,00 in total by having the victim company perform the interior construction of the building and not paying the price, although the Defendant did not have the intent or ability to pay the construction cost; and (b) obtained pecuniary benefits equivalent to KRW 1,126,68,00 in light of the circumstances of the crime
Although the amount of damage to the crime of this case exceeds one billion won, since the defendant did not completely recover damage to the victim company until now, the possibility of criticism is high.
Furthermore, after the execution of imprisonment is completed due to the same type of fraud that does not pay the price of goods or the cost of construction, the defendant has committed the crime of this case again during the repeated crime period, and there has been a history of punishment such as imprisonment and imprisonment in the past several times for the same crime.
However, the defendant asserts to the effect that he was aware of his mistake when he was in the trial, that the defendant was aware of his mistake, that the defendant wanted F to take the defendant's preference by unanimous agreement with F of the representative of the victim company, and that the prosecutor is applying for criminal punishment again against the defendant who did not make all efforts to implement the agreed terms and conditions or recover damage," but there is no evidence to support it.
There are some favorable circumstances for the defendant, such as the fact that the person, etc. who has been running the business together with the defendant, was under the need of prompt return to society of the defendant for business normalization, and the defendant's wife is repeated.
As above, the defendant's age, sex, environment, family relationship, motive and background of the crime is favorable or unfavorable to the defendant.