특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, for three years from the date this judgment became final and conclusive.
1. The sentence of the lower court to the accused (two years of imprisonment) on the summary of the reasons for appeal is too unreasonable.
2. The crime of this case, by taking advantage of the status as a certified architect, acquired money of KRW 500 million by deceiving the victims about the character and economic value of the right to the establishment of the factory of this case by deceiving the victims of the right to the establishment of the factory of this case. The amount of damage is not so much, and the fact that the method of the crime of this case and the quality of the crime are not good by altering
However, all of the crimes of this case are recognized by the defendant, and the defendant has an attitude to reflect his mistake in the court below, the defendant paid 25 million won out of the amount acquired through deception in the court below, the remainder of 475 million won in the court below to the victims, the victims have expressed their intention not to be punished, the defendant has no record of criminal punishment more severe than the fine, and there are family members to be supported.
In addition, the age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, all of the sentencing conditions shown in the records, such as the circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines of the Supreme Court Sentencing Committee applicable to this case ( Imprisonment between June and August 5);
1. The scope of applicable sentences: Imprisonment for one year and six months to twenty years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Basic crime: Determination of the type of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud): Fraud - General Fraud - Type 3 (not less than 500 million won but less than 5 billion won) (2) Special amnesty: the scope of recommending punishment not to impose punishment (reduction factors): Imprisonment with prison labor for a year and six months to four years (reduction areas);
(b) Class 1 and 2 concurrent crimes: Determination of the type of the crime of altering private documents and the crime of uttering of altered private documents: (i) the crime group of private documents - the special person who is not a person: (ii) the scope of recommendations; (iii) the scope of recommendations;