사기
All appeals filed by the defendant and prosecutor are dismissed.
An application for compensation by an applicant for compensation shall be dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. We examine both the defendant and prosecutor's argument on the grounds of appeal on unreasonable sentencing.
Considering the fact that the amount obtained by the Defendant exceeds KRW 73 million, and the victim appears to have suffered an unsatisfying satisfy by committing the instant crime, the victim may have deposited only seven million won out of the amount of damage, and the substantial amount of damage has not been recovered, there is a need to punish the Defendant strictly.
On the other hand, there is no specific punishment power except for both the defendant and the defendant's entire criminal acts of this case, one time of fine due to driving under the influence of alcohol and one time of fine due to violence that has long been punished, and some of the above money has been deposited as above.
Ultimately, the defendant's age, character and conduct, environment, occupation, circumstances leading to the crime of this case, the circumstances leading to the crime of this case, the circumstances following the crime, etc., and the sentencing guidelines of the Sentencing Committee by the Supreme Court, and the scope of recommended punishment [the general fraud basic area (6-1 month and June), the prosecutor asserts that the crime of this case constitutes "where the criminal act of this case is highly poor," which is an aggravated element of the special scams, and thus the general fraud aggravated area (1-2 year and June 6 months) shall be applied. However, some of the funds received from the victim are falsely tending and defrauded as if they were e-mail and correspondence from the victim. However, it is difficult to view that the crime of this case constitutes "where the criminal act of this case is extremely poor" due to such circumstance, the sentence of the court below is proper. Thus, all of the defendant and prosecutor's arguments are without merit.
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