사기
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. In light of the various sentencing conditions of the Defendant (unfair sentencing) in this case, the sentence of 6 months sentenced by the lower court against the Defendant is too unreasonable.
B. Many criminals, including the prosecutor (unlawful of sentencing), planned and executed the crime closely, and the method of committing the crime is very intelligent, so that the crime is not less weak, and the amount of fraud reaches KRW 300 million, among which the defendant was distributed the proceeds of KRW 10 million as the withdrawal, he did not take any measures to recover from damage to the victim, and the accomplices played a role above that stated in the facts of the crime in the judgment of the court below.
In light of the statement, the sentence of the court below is too unhued and unfair.
2. The instant case pertains to the case in which the Defendant, in collusion with multiple accomplices, acquired 300 million won from the injured party by deceiving the payment of shares, as if it is necessary to place the payment of shares by pretending the establishment of a corporation.
The lower court, under the circumstances favorable to the Defendant,: (a) appears to have led to the instant crime; (b) the primary offender who has no record of the crime; and (c) led the instant crime; and (b) took part in the organized and planned fraud, taking advantage of the unfavorable circumstances; and (c) acquired 300 million won in total; and (d) the Defendant received out of them.
In light of the fact that the owner’s profit does not amount to KRW 10 million, the Defendant was indicted for having served as a liability to withdraw, but the degree of participation by the Defendant, which the accomplice stated, is not less than that of the victim, and the Defendant did not agree with the victim and did not return the proceeds of the crime to the victim. As of the instant case, when the accomplice was subject to criminal punishment, the accomplice was sentenced to imprisonment for a period of six months.
In addition, the above various circumstances and the reasons for sentencing are as follows.