사기
All appeals by the Defendants and by the Prosecutor against Defendant A are dismissed.
1. Summary of grounds for appeal;
A. The Defendants’ respective sentences (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 1 million) are too unreasonable.
B. The Prosecutor (as to Defendant A), the lower court’s sentence against Defendant A is too unfasible and unreasonable.
2. Determination
A. The fact that the amount of damage caused by the Defendant A’s instant crime is a large amount, the Defendant did not agree with the victim until the Defendant was in the trial, and did not take any measures to recover the damage, and the Defendant had the records of having been punished twice for the same crime is disadvantageous.
On the other hand, the fact that the defendant recognized all of the crimes of this case against the mistake and used part of the amount acquired by deception for the treatment of the disease, and that there is no record of criminal punishment after 2000.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, and circumstances before and after the crime, etc. as well as the sentencing conditions indicated in the instant records and arguments, it is not recognized that the lower court’s punishment is too heavy or unreasonable.
B. It is recognized that Defendant B was in the first instance and against the mistake while recognizing all of the instant crimes, and that Defendant B was the first offender.
However, in full view of the fact that the amount of damage caused by the instant crime is a large amount, the Defendant did not agree with the victim until the Defendant was in the first instance trial, and did not take any measures to recover the damage, and the sentencing conditions specified in the records and arguments, such as the Defendant’s age, sex, environment, and circumstances before and after the instant crime, the lower court’s punishment is too unreasonable.
3. In conclusion, the appeal by the Defendants and the appeal by the Prosecutor against Defendant A is without merit. Thus, the appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.