특정경제범죄가중처벌등에관한법률위반(사기)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) imposed by the court below on the defendant is excessively unfair.
2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant made confession of and reflects against the offense when the Defendant was in the trial; (b) the Defendant did not have any particular criminal history other than three times prior to a fine; and (c) even though the principal received from the victim was paid again to the victim in the form of return of the principal, the Defendant paid part of the interest under the name of living expenses, etc. from the summer to the period from the date of 2005 to the date
On the other hand, the defendant and the victim had worked as the subordinate staff and the commercial relationship from around 1995 to about 3 years. The defendant and the victim committed the crime of this case repeatedly over a long period of six years from 2005 to 201 by using such personal trust relationship with the victim, and the crime of this case was committed repeatedly through a long period of six years from 2005 to 201. The funds of this case constitute the victim's entire property as the money that collected the victim's retirement pay, financial institution loans, marriage funds for children, and part-time wages, etc., not only are serious damage but also the defendant did not recover from the damage as well as the damage was not recovered for the victim on April 5, 2013. The victim wanted to punish the defendant with severe punishment, and the defendant transferred the name of the apartment house living together with his family to the former wife without any particular responsibility.
In addition, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, etc., and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Commission of the Supreme Court [decision of types] shall be 50 million won or more but less than 5 billion won (special sentencing) aggravated factors: in the event that the defendant is subject to unspecified or multiple victims or has committed repeatedly over a considerable period of time, serious damage to the victim.