사기
All appeals filed by the Defendants and the Prosecutor are dismissed.
1. As to the sentence (Defendant A: Imprisonment with prison labor for three years and six months, and Defendant B: imprisonment with prison labor for one year) declared by the court below, the defendant asserts that the defendant is too unfasible, and that the prosecutor is too unfasible and unfair.
2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The amount obtained by the Defendants from the victims D is merely KRW 346,160,000, which is 4.5 million, and thus, it is difficult to view that there is a new change in circumstances to change the sentence of the lower court.
In addition, when comprehensively considering the defendants' age, family relation, motive for committing a crime, method of committing a crime, role and degree of participation in the deliberation of the court below and the party, and the scope of recommended punishment according to the sentencing guidelines, such as criminal records, etc., the punishment imposed by the court below cannot be deemed to be appropriate, too heavy or unreasonable.
3. Accordingly, the appeal by the Defendants and the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the Defendants and the public prosecutor is groundless. It is so decided as per Disposition.