사기
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal is that the defendants recognized the mistakes and reflected in the appeal, the defendant A committed the crime with the belief of an accomplice as an elderly, and the defendant A did not directly demand the amount of KRW 50 million, and the defendant B returned the victim the amount of KRW 20 million he received and the victim does not want the punishment. In light of the above, the sentence imposed by the court below (the defendant A was sentenced to six months of imprisonment, the defendant B was sentenced to four months of imprisonment and the suspension of execution of one year of suspended execution) is too unreasonable.
2. In light of the fact that the Defendants deceptiond the victim by a complete false promise, each of the criminal records of the same kind, and the injury is not significant, it is inevitable to punish the Defendants with severe punishment.
In particular, Defendant A is not only responsible for committing a crime by abusing a long trust relationship between himself and the victim, but also does not make every effort to recover damage, such as obtaining profits from most of the money acquired through the crime, transferring responsibility to accomplices or victims, and not making every effort to recover damage.
Considering the circumstances of the defendants' assertion on the grounds of appeal, the sentence of the court below is too unreasonable.
3. As such, the Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.