사기
The judgment below
Part on Defendant B, excluding compensation order, shall be reversed.
Defendant
B Imprisonment with prison labor for a year.
1. As to the summary of the grounds for appeal (one-year imprisonment by each court below), the prosecutor asserts that the sentence against the defendant A is too uneasible and unfair, and the defendants asserts that it is too unreasonable.
2. Determination
A. The fact that Defendant A led to the instant crime against Defendant A is favorable to the said Defendant.
However, in full view of the following factors: (a) Defendant A, even though it is well aware that the contract for sale in lots is invalid if it does not pay the sales price to the account in the name of the original real estate trust, the sales in lots is invalid; (b) there is no law of crime such as deceiving the victim with the awareness that the contract for sale in lots is valid; and (c) regardless of the amount of fraud, the damage has not been recovered until now; and (d) other factors that are conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the instant crime, and the circumstances after the crime
Therefore, prosecutor and Defendant A’s assertion are without merit.
B. Although the amount of fraud obtained by Defendant B due to the instant crime is as much as possible, the fact that the damage has not been recovered until now is disadvantageous to the above Defendant.
However, in full view of the following factors: (a) Defendant B led to the instant crime; (b) the said Defendant has no particular history of prior convictions on two occasions; (c) Defendant B did not directly deception the victim; and (d) the degree of participation is insignificant because it did not participate in the instant crime; and (b) the said Defendant did not receive the construction cost for the instant business; and (c) some of the circumstances and motives leading up to the instant crime; and (d) other factors, such as the Defendant’s age, character and conduct, intelligence and environment; (c) relationship with the victim; (d) motive, means and consequence of the instant crime; and (e) the circumstances after the crime, etc., the sentence of the lower court is somewhat unreasonable.