사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
An application for compensation by an applicant for compensation shall be dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.
2. The fact that the Defendant recognized each of the instant crimes against the grounds for appeal, and that the Defendant agreed with the Council of the Victims, etc. was favorable to the Defendant.
On the other hand, considering the fact that the Defendant was punished for the same crime, and that the Defendant committed each of the crimes of this case during the repeated crime period even after the execution of the sentence was completed on July 1, 2013 by being sentenced to imprisonment for 2 years and 6 months due to the fraudulent act similar to the same criminal act, the Defendant committed each of the crimes of this case during the repeated crime period; the nature of each of the crimes of this case is not very good; the victim J applied for compensation order seeking payment of KRW 300 million; and the written agreement does not specify specific amount of repayment of damage, etc., most of the damage amount caused by the fraudulent act of this case appears to have not been recovered; and the fraud amount ( KRW 546.7 million) is very large.
Considering the above circumstances and the result of the application of the sentencing guidelines by the Sentencing Commission, the sentencing criteria of the Sentencing Commission shall be considered in light of the following circumstances, and the sentencing criteria of the Sentencing Commission are as follows: Type 1 (Fraud more than KRW 100 million, less than KRW 500 million), Type 2 (Fraud) (hereinafter referred to as 'Aggravated Punishment'): In the event that: (a) rise in the first step [the scope of recommendations] of the type as a result of combination of concurrent crimes of the same kind as a result of the combination of crimes; (b) the area of mitigation (including a special mitigation) of punishment (including a serious effort to recover damage) or considerable damage (including a serious effort to recover damage), Category 1 (Destruction, Destruction, etc.); (c) the area of mitigation (one to six months); (d) the area of mitigation (including a special mitigation) of punishment (including a serious effort to recover damage) [the scope of punishment] [the period of punishment] of punishment; and (d) the period of imprisonment and behavior of the defendant in this case after the last injury;