사기
All appeals by the defendant and the prosecutor are dismissed.
An application for remedy by an applicant for compensation shall be dismissed.
1. The summary of the grounds for appeal filed each appeal on the grounds that the Defendant was too unfluent and unfair due to the punishment sentenced by the lower court (one year and six months of imprisonment), and that the Defendant was too unfluent and unfair.
2. On January 23, 2016, the following facts are favorable to the Defendant: (a) the Defendant recognized and reflected the instant crime; (b) the Defendant partially recovered from the damage by repaying the victim KRW 20 million; (c) there was no record of criminal punishment exceeding the fine at the time of the instant crime; and (d) there is a need to determine punishment in consideration of equity with the case of judgment at the same time as the judgment of the lower court rendered on January 23,
On the other hand, the crime of this case is an unfavorable circumstance to the defendant, such as the fact that the defendant acquired a large amount of money from the victim who suffered from a deceptive act to the effect that "to purchase and remodel the building with money to him/her, and return the amount of money borrowed from the proceeds obtained by the sale of the building again," and that the crime of this case was committed by deceiting a total of KRW 167 million in the name of the borrowed money. In light of the method and result of the crime, etc., the nature of the crime is inferior, most of the damage was not recovered, and the victim still wanted to be punished by the defendant, and the fact that the victim has been punished once for the same crime
In full view of the above circumstances against the defendant and the defendant's age, family relation, criminal records, sexual intercourse, environment, means and method of committing the crime, motive and circumstances after committing the crime, and the result of the application of the sentencing guidelines of the Supreme Court and the sentencing guidelines of the Sentencing Committee (type 100 million won or more, and less than 500 million won (type 2) [the scope of recommending punishment] [the scope of recommending punishment] [the scope of recommending punishment] 1 year to 4 years (basic area], etc., it is not recognized that the sentence imposed by the court below is too heavy or unreasonable.
3. Conclusion