In light of the various sentencing conditions of the Prosecutor’s instant case, the above sentence sentenced by the lower court is too uneasible and unfair.

Judgment

Examining the various sentencing conditions of the instant case, the crime of this case was committed by the Defendant without any intent or ability to pay the purchase price, thereby obtaining pecuniary benefits equivalent to KRW 1.55 million at the market price of the instant real estate owned by the victim C, and obtaining registration for transfer of ownership of the instant real estate at a price equivalent to KRW 1.55 million. Even if the Defendant borrowed the money from the said victim as business funds, he/she shall obtain the amount of KRW 263 million in total from the victim seven times without any intent or ability to repay the money. Even if he/she borrowed the money from the victim J, he/she shall, without any intent or ability to repay it, deceiving the said victim and take it over KRW 263 million in total on two occasions from the victim. The crime of this case was committed in light of the circumstances and period of the crime, the amount of damage, and the relationship between the Defendant and the victim, and the Defendant committed an act of deceiving the victims to pay the purchase price of the instant real estate at will by presenting it to the victims, etc., and the Defendant cannot be sentenced to imprisonment with the same amount of KRW 28.

On the other hand, the defendant was showing to recognize and reflect the crime of this case, and the amount of KRW 770 million out of the purchase price of this case was paid.