사기등
All appeals by the defendant and the prosecutor are dismissed.
Of the disposition of the lower court, “10,000,000 won” in the text of the judgment is “10,000.”
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment, two years of suspended sentence, fine 10 million won, community service work 120 hours) is too unreasonable.
B. The Prosecutor’s above sentence is too uneasible and unreasonable.
2. The judgment of the defendant recognized the crime of this case and reflected, and the defendant donated 10,006,120 won remaining out of the amount of damage to the social welfare foundation joint fund-raising association at the court below. It appears that part of the amount of damage to the crime of this case was recovered, such as the defendant C, B, and D donated to North Korea's branch before the Red Cross's company was located in the court below. P, a corporation operated by the defendant, was designated as a designated donation organization by the Minister of Finance and Economy on March 31, 2010, was designated as a designated donation organization on March 31, 201, and was punished twice by a fine, and there was no record of punishment exceeding the fine.
On the other hand, the crime of fraud of this case, which contributed support payments, is to help needy neighbors, such as a child with a satisfe, etc.
In other words, the victims are victims, and the crime is bad in light of the contents, means, and results of the crime, the number of victims of the crime of this case is a large amount of KRW 159 million, and the total amount of damage is a large amount of KRW 150 million. The defendant used only part of the damage amount of the crime of this case to support neighbors, used most of the damage amount to be used for other purposes, such as office operating expenses, employee's wages, and dispatch expenses for the door-to-door envelope, and the selection procedure of the sponsor was also unsatisfed.
In addition, considering the sentencing conditions as shown in the records and theories of this case, such as the defendant's age, sex, environment, means and result of the crime, and the situation before and after the crime, it is not recognized that the sentence of the court below is too weak or unreasonable.
3. In conclusion, the appeal by the defendant and the prosecutor is filed.