특정경제범죄가중처벌등에관한법률위반(사기)등
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (two years of imprisonment with prison labor for the Defendants A and two years of suspended sentence for the Defendants B) is too unreasonable.
2. The defendants recognized all of the crimes of this case and are in profoundly against each of the crimes of this case, and the defendants went to the crime of this case in order to refund the lease deposit to the lessee by pressure on the repayment of the lease deposit. Considering the circumstances of the crime, there are some extenuating circumstances. In the trial, the victim received dividends of KRW 244,02,294 in the auction procedure for multi-household houses and their sites owned by the defendant A, and partly recovered the damage, and there are no special criminal records against the defendants.
On the other hand, each of the crimes of this case is an unfavorable circumstance in which the Defendants, a married couple, conspired to forge the lease contract under the name of 12 lessees of multi-household houses owned by Defendant A, and used it to mislead the victim by using it. The crime is not only poor in light of the method of crime and the amount of fraud, but also the fact that the crime is heavy, the amount of damage of the victim is large, and the amount of damage of the victim is not taken out from the victim.
In full view of the above circumstances and the Defendants’ age, character and conduct and environment, motive and background leading to the instant crime, the means and methods of committing the crime, and the circumstances after committing the crime, etc., all the sentencing conditions as shown in the instant argument, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee (one year to six years), etc., it is not determined that the sentence imposed by the lower court against the Defendants is too unreasonable.
Therefore, the Defendants’ assertion is without merit.
3. The conclusion is that the Defendants’ appeal is without merit and all of the appeals are made in accordance with Article 364(4) of the Criminal Procedure Act.