사기
The defendant's appeal is dismissed.
1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Under the judgment, even if considering various sentencing conditions as shown in the argument of this case, such as the circumstances favorable to and unfavorable to the defendant, age, sex, environment, motive and background of the crime, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable.
The favorable circumstances shows the attitude of the defendant to reflect by recognizing his mistake.
The Defendant agreed with the victim C, and paid 8 million won out of the amount of damage 10 million won to the victimJ (in case the Defendant borrowed 2 million won separately from the victimJ, including this, it appears that the amount of the Defendant’s non-payment to the above victim would be 4 million won in total). The Defendant did not have any criminal record of imprisonment or imprisonment without prison labor.
D. Unfavorable circumstances: The crime of this case is committed by the defendant, as he is the chief executive officer of E Co., Ltd., by deceiving the victims as he belongs to the victim, by selecting him as the supplier, or by deceiving the victims to be employed, and the crime is very bad in light of the various criminal acts.
On May 8, 2019, the Defendant was sentenced to a two-year suspended sentence for 8 months of imprisonment for fraud, but committed each of the crimes of this case during a few months suspended sentence.
In addition to the above suspended sentence, there are many criminal records against the defendant such as fraud and embezzlement.
There is no special change in circumstances that may change the original court’s punishment after the pronouncement of the lower judgment, with a total amount of damage KRW 20 million.
3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.