특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the punishment sentenced by the court below (three years of imprisonment) is too unreasonable.
Judgment
Examining the various sentencing conditions of this case, the crime of this case is committed by the defendant without the intention or ability to give scrap metal, etc. even if the defendant received advance payment from the injured party. It is a false statement that "the defendant will take 150 million tons or more with advance payment," thereby deceiving the victim with the above amount of money, "one copy of the contract for removal of machinery and equipment", and presenting that the above contract is a document formed with the victim knowing the forged fact, and the above contract was actually formed. As if the contract for removal was concluded in accordance with the above contract, the defendant received the above amount of money as an advance payment, etc. from the injured party and received the victim with the same kind of money under the pretext of the crime, such as the circumstance and method of the crime, the amount of damage, and the relationship between the defendant and the victim, etc., and the defendant was sentenced to a suspended sentence of imprisonment with prison labor for 20 years or more, and the defendant was sentenced to a fine of 350 million won from the Daegu District Court on June 2, 2011 to the above judgment of fraud.
On the other hand, the defendant shows both the time and reflect of the crime of this case, and actually removed scrap metal from H to supply part of the victim to the victim, and some of the amount received by the victim is the contract for removal of machinery and equipment of J.