사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence of imprisonment (one year of imprisonment) imposed by the lower court on the gist of the grounds of appeal is too unreasonable.
2. In light of the following: (a) the Defendant, using personal trust relationship, acquired money from victims and obtained money from victims and the nature of the crime is not good; (b) the instant crime was committed repeatedly; and (c) the amount of damage is maximum and the victim did not reach an agreement with the victims, it is recognized that there is a need to strictly punish the Defendant.
However, considering the following circumstances: (a) the Defendant did not have any criminal power other than the instant case; (b) the Defendant deposited KRW 50 million for victims more than twice during the trial; and (c) the Defendant took into account the circumstances, such as the fact that the Defendant was living in custody for about two months during the period of two months; and (d) the Defendant took into account the background leading up to the instant crime and other circumstances, such as the Defendant’s character and conduct, environment, age, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., which are the conditions for sentencing indicated in the record, it is determined that the sentence imposed by the lower court is inappropriate.
3. The defendant's charges of fraud against the applicant for compensation are found guilty, and the defendant also stated that he did not raise any objection to the amount of each application for compensation on the first trial date of the trial of the court of first instance, the application of the applicant for compensation seeking the compensation order of the amount acquired by deceit shall be cited for the reasons.
However, with respect to the amount of compensation, the applicant for compensation: (a) 4,583,037 won; (b) 7,230,495 won; and (c) 14,186,468 won was claimed as the amount of compensation; (b) 2,104,241 won for proportional distribution; (c) 1,942,376 won for E; and (d) 5,953,383 won for F caused by the occurrence of the damage; and (b) 1,953,383 won for each application for compensation filed by the applicant for compensation.