특정경제범죄가중처벌등에관한법률위반(사기)등
All the judgment below is reversed.
Defendant
A Imprisonment with prison labor for three years and for five years, respectively.
In this case.
1. The summary of the reasons for appeal is that each punishment (for defendant A: 4 years of imprisonment, and defendant B: 6 years of imprisonment) declared by the court below to the defendants is too unreasonable.
2. Determination
A. In full view of the following, Defendant A’s access to the victim H and obtained a sense of view, and then acquired the property by deceiving the victim H by acting systematically with Defendant B, and acquired the property by deceiving the victim H, and the amount acquired by deception from the victims is a large amount of money, and the victims suffered considerable pain, it is inevitable to punish the Defendant A with severe punishment corresponding to the mistake.
However, the victims expressed their intention not to punish Defendant A when they were in the first instance trial (no additional repayment shall be made by Defendant A to the victim H in the first instance trial); Defendant A has no other criminal record except for a long one punishment; Defendant A is against his mistake; and Defendant A is in conflict with the sentencing guidelines set forth in Article 51 of the Criminal Act as well as the sentencing guidelines set forth in Article 51 of the Criminal Act as stated in the records and arguments of this case. In examining the sentence of the lower court against Defendant A based on the sentencing guidelines set forth in the Supreme Court sentencing committee, the sentence imposed by the lower court is too too unreasonable, and thus, Defendant A’s assertion pointing this out is with merit.
B. Defendant B, who participated in the Defendant’s criminal act and acted with the Defendant A in a systematic manner, thereby deceiving the Victim H and defrauding KRW 500 million. Prior to that, Defendant B, from July 201 to August 2015, through approximately 100 times, acquired a sum of KRW 1.90 million from the Victim O, P, and R.
In addition to the period of crime, the method of crime, and the scale of damage, the victimO expressed the intention of not to punish the defendant B at the court below, but it is necessary to strictly punish the defendant B by taking into account the following: (a) the victimO expressed his intention not to punish the defendant B; (b) the victim expressed his intention to punish the defendant B; and (c) the victim expressed his intention to punish
However, the defendant B agreed with the victim R during the investigation process.