사기등
All appeals filed by the defendant and prosecutor are dismissed.
The defendant, who is an applicant for compensation, shall receive 8.8 million won from K, who is an applicant for compensation.
1. The main point of the grounds for appeal is that the court below's imprisonment with prison labor is too heavy or it is unreasonable to conduct an inspection;
2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.
In the first instance, the Defendant’s confession of all of the crimes of this case and recognized the mistake, and the first offender who has no record of criminal punishment, etc. are favorable to the Defendant.
On the other hand, each of the crimes of this case has been repeatedly committed by 270 victims over the eight years, and there is no adequate method to commit the crimes, and even if the sum of the amounts obtained by deception of each of the crimes of this case exceeds three billion won, the Defendant did not make any effort to recover from damage or to reach an agreement with the victims without any reasonable explanation about the user.
In addition, comprehensively taking into account the following circumstances, such as the character, conduct, environment, motive, means, and consequence of the crime committed by the defendant as revealed in the arguments at the court below and the party hearing, the sentence of the court below is too heavy or unreasonable because it goes beyond the reasonable scope of discretion.
3. In conclusion, since each appeal filed by the Defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act, and 8.8 million won by defraudation against the Defendant under Articles 25(1) and 31(1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc., of the Defendant, shall be acquired through the Defendant, an applicant for compensation, GV, an application for compensation at the trial, 3.5 million won by defraudation, and 3.25 million won by defraudation to II, an applicant for compensation at the trial, and shall be acquired through the Defendant, the applicant for compensation at the trial.