사기
The judgment below
Part concerning the crime Nos. 1 and 5 of the judgment shall be reversed.
As to the crimes Nos. 1 and 5 of the judgment of the court below.
1. On the summary of the reasons for appeal, the defendant asserts that the punishment of the original judgment (the part of the judgment of the court below Nos. 1 and 5: Imprisonment with prison labor for 6 months, and the part of the judgment of the court below for 2, 3, 4, and 6: imprisonment for 8 months) is too unreasonable and unfair by the prosecutor because it is too low.
2. Determination
A. We examine the part of the crime Nos. 2, 3, 4, and 6 of the decision of the court below, the defendant is against the confession of the crime, the fact that the defendant agreed with the victim H is a favorable reason for sentencing, and the total amount of defraudation is not specified as approximately KRW 90 million, the defendant can have a criminal record for the same kind of crime, and in particular, the fact that the defendant committed the crime of this case during the period of suspended execution due to the same kind of crime is an unfavorable
In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the offense, and all other matters pertaining to the sentencing indicated in the records and arguments on the change of the case, the lower judgment’s punishment is deemed reasonable, and thus, the Defendant and the Prosecutor’s allegation on this part of the punishment
B. We examine the part of the crime Nos. 1 and 5 in the holding of the court below, and the fact that the sum of fraud is not specified as KRW 40,000,000 in total, and that the defendant can have the same criminal records before and after the judgment of the court below is an unfavorable reason for sentencing, and that there is an agreement with the victim E and N in the judgment of the court below, which is contrary to the confession of the crime, and that the balance with the case where the judgment is to
In light of the above factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the lower court’s judgment’s punishment is deemed unfair, and thus, the Defendant’s argument that the sentencing was unfair is reasonable, and the Prosecutor’s argument that the sentencing was
3. If so, the appeal by the defendant and the prosecutor on the part of the 2, 3, 4, and 6 of the decision of the court below is without merit, and it is in accordance with Article 364 (4) of the Criminal Procedure Act.