특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than four years and six months.
1. The sentence imposed by the court below (five years of imprisonment) in light of various sentencing conditions in the instant case’s summary of the grounds for appeal is too unreasonable.
2. Examining the various sentencing conditions in the instant case, even though each of the instant crimes was committed in an extremely difficult situation due to the accumulation of a successful bid price, etc., the Defendant did not receive a total of KRW 3.2 billion from the victims of the supply of food materials for six months, which is a trader, and did not pay the same amount of monetary benefits. The Defendant did not pay the same amount of monetary benefits to the victims, and the number of units issued for the security of KRW 300 million from one of the victims, up to the number of units of money borrowed from the above victims. Furthermore, in light of the circumstances of the crime, period, and scale of damage, etc., the Defendant did not pay the same amount of food materials supplied to elementary, middle, and high schools without paying all to the victims of the goods received from all levels of schools, and used considerable parts of the amount of the goods as loans to friendship, etc. or operating expenses of the company, etc., the Defendant still appears to have suffered considerable losses due to the Defendant’s business losses due to the occurrence of the most unfavorable business losses to the victims.
On the other hand, the Defendant appears to be against his own will while all of the instant crimes are committed, and the school meal food ingredients, which are repeated when the Defendant had operated the company due to the default, are the blood-related competition among the companies following the bidding.