사기
All appeals filed by the defendant and prosecutor are dismissed.
1. The gist of the grounds for appeal by the Defendant and the prosecutor is that the Defendant is deemed to be unreasonable because the Defendant’s punishment (two years of imprisonment with prison labor for August suspension, two years of community service order, and 240 hours) is too unreasonable, and the prosecutor is rather deemed to be too uneasible and unfair.
2. It is reasonable that the amount of damage is approximately KRW 80 million and there is an unfavorable circumstance that the damage has not been fully repaid.
However, the defendant voluntarily surrendered, and the court below denied the fraud crime against the victim B, and all of them are recognized in the trial.
The judgment below
Prior to the payment of KRW 13.9 million to the victim B, the victims have been continuously making efforts to recover the damage, such as paying the victims a partial amount of damage.
In addition, there is no history of criminal punishment prior to the crime of this case, and the victim F does not want to punish the defendant.
3. In full view of the aforementioned favorable circumstances, changes in circumstances, motive of the crime, circumstances after the crime, and other circumstances that are conditions for sentencing, such as Defendant’s age, character and conduct, environment, and family relationship, the lower court’s punishment against the Defendant is deemed adequate.
4. Therefore, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.