특정경제범죄가중처벌등에관한법률위반(사기)등
All judgment of the court below shall be reversed.
Defendant
A Imprisonment for four years, and Defendant V for three years, respectively.
1. Summary of grounds for appeal;
A. The defendants' punishment (the defendant A: 4 years of imprisonment, 1 year and 6 months of imprisonment, 3 years and 6 months of imprisonment) is too unreasonable.
B. The first instance court’s sentence against the prosecutor’s Defendants is too unhued and unreasonable.
2. Determination ex officio (Defendant A) filed an appeal against the entire judgment of the court below, and this court decided to hold a joint hearing of the appeal cases.
Since each crime of the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below against Defendant A cannot be maintained as it is.
3. The instant crime of determining whether Defendant V and the Prosecutor’s Defendant V’s unjust assertion of sentencing is unfair is highly heavy in light of the details and methods of the crime, and the scale of the amount of damage, as if they could bring a large amount of profit through the mushroom farm business, by deceiving a large number of unspecified victims, and by deceiving them about KRW 11550,90,000,000,000,000,000,000,000 won, and received the amount by
Defendant
From around 2005, V had been sentenced one time to suspend the execution of the same kind of crime, and two times to commit the crime of this case, the risk of recidivism is also high.
However, Defendant V reflects his mistake by recognizing all of the instant crimes.
Defendant
V is relatively heavy in the degree of participation in crime rather than Defendant A.
In the lower court, some victims (a total of KRW 650 million) agreed with the lower court, and agreed with the victim AI, AZ, BC, and CM (a total of approximately KRW 65 million).
In the case of some victims, there is no aspect that damages would be inflicted by paying money with the belief that some victims would make high profits in a short period through the mushroom farm business.
In addition, Defendant V's age, sex, occupation, family relationship, and crime.