사기
All appeals filed by prosecutors and defendants are dismissed.
1. The gist of the grounds for appeal is that the court below sentenced the defendant two years of imprisonment, and the prosecutor asserts that the sentence of the court below is too unhued and unreasonable, and the defendant asserts that the sentence of the court below is too unreasonable.
2. We examine both the judgment and the Defendant’s assertion of unreasonable sentencing.
In doing so as to have access to victimized women as if they were doctors, the defendant acquired money exceeding KRW 280,000,000 from the name of hospital opening business funds, hospital takeover expenses, etc. In light of the method of crime and the scale of damage, etc., the crime is not very good and the crime is not committed more than five years after the fraud but not more than five years after the fraudulentation, it is necessary to give a warning to the defendant.
However, the Defendant’s mistake is against each other, and since each of the instant crimes constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of fraud established on December 23, 2011 and the latter part of Article 37 of the Criminal Act, it is necessary to determine the punishment in consideration of equity with the case where the said judgment is to be judged simultaneously with the crime that became final and conclusive under Article 39(1) of the Criminal Act, and taking into account all other circumstances, including the Defendant’s age, character and behavior, character and environment, the sentencing of the lower court
3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.