사기
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 10,00,000 won, and a fine of 5,00,000 won, respectively.
1. The summary of the grounds for appeal is unreasonable because the punishment (one year of imprisonment and six months of imprisonment) declared by the court below against the defendants is too unreasonable.
2. Defendant A had the record of having been punished several times for the same kind of crime, and the Defendant committed the instant crime even during the repeated crime period for the same kind of crime, and the Defendant submitted at the lower court a written agreement to the effect that he/she fully repaid the victim’s total amount of KRW 50 million, out of the amount of damages, but in fact, he/she repaid only KRW 20 million to the victim, and did not make payment and offer security in accordance with the agreement with the victim.
However, in full view of the favorable circumstances, such as the fact that the Defendant recognized the instant crime, the Defendant’s additional payment of KRW 82 million to the victim in the trial room, and most of the damage recovery was made by paying KRW 12 million in full to the victim, the victim’s prior wife, and the Defendant’s additional repayment to the victim through the construction contract, and other favorable circumstances, such as the Defendant’s character and conduct, environment, relationship with the victim, motive, means and consequence of the instant crime, and the circumstances that form the conditions for sentencing as indicated in the argument and the record, such as the circumstances after the crime, etc., it is recognized that the sentence imposed by the lower court against the Defendant is somewhat unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. From November 10, 2014 to November 10, 2014, the Defendant’s judgment on Defendant B shall pay 3 million won to the victim in installments over ten occasions.
“Along with the submission of a written agreement, it is unfavorable for the Defendant to have failed to implement the said agreement, but the Defendant is the primary offender, recognized and reflects the instant crime, and the Defendant failed to implement it as stipulated in the said agreement, but part of the amount of damage in the trial.