특정경제범죄가중처벌등에관한법률위반(사기)등
All appeals filed by prosecutors and defendants are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (three years and six months) is excessively unreasonable.
B. The above sentence imposed by the prosecutor by the court below against the defendant is unreasonable because it is too unfasible.
2. The Defendant, while serving as a director of the headquarters for civil engineering and construction projects of C Co., Ltd., to entrust the victims who conduct a sales agency with the sales agency business of apartment units.
Not only by deceiving victims but also by deceiving 1 billion won, but also by deceiving 56 million won under the pretext of an agreement on drinking driving.
As such, not only the Defendant acquired money by taking advantage of a personal trust relationship or superior position, but also acquired money by taking advantage of the circumstances in which the victims cannot refuse the request of the Defendant.
The money that the defendant acquired by deceit is more than one billion won, and most of them were raised with gambling funds.
The victims did not recover from damage, and the defendant did not agree with the victims.
The above is the circumstances unfavorable to the defendant.
On the other hand, the Defendant has committed each of the crimes in this case.
The Defendant appears to be suffering from gambling addiction and reached the crime of this case. Before being detained due to the finalized fraud as described in the part on the records of the crime committed by the lower judgment, the Defendant himself/herself participated in the healing program, and continued to endeavor to treat gambling addiction even after being released.
Since each of the crimes of this case is the concurrent crimes between fraud for which judgment has become final and conclusive as stated in the records of crimes in the judgment below and the latter part of Article 37 of the Criminal Act, the punishment shall be determined by taking into account the equity with the case to be judged at the same time in accordance with Article 39(1)
The above is the circumstances favorable to the defendant.
As above, the defendant is disadvantageous or favorable to the defendant.