사기
All appeals filed by prosecutors and defendants are dismissed.
The defendants are only 17 million won in case of fraud by each party.
1. A summary of the grounds for appeal 1) The Prosecutor’s sentence (one and half years of imprisonment, and ten months of imprisonment) of the lower court is deemed to be too uneasible and unreasonable.
2) The lower court’s punishment is too unreasonable.
2. Determination 1) The lower court sentenced Defendant A to imprisonment with prison labor for one year and six months and Defendant B, taking into account the unfavorable circumstances and favorable advantages to the Defendants.
In this court, the defendants, in particular, misrepresenting as an employee of the Financial Supervisory Service and play a major role in the criminal act of Bosing, the criminal act of Bosing is organized and planned, and there is a need to cut off the society, and the amount acquired by the defendants A is a large amount of KRW 140 million,00,000,000, on the other hand, the defendants are both initial offenders, confessions and reflects all of the criminal acts of this case, and the judgment of the court below exceeded the reasonable limit of the discretion, in full view of the facts that the defendants B agreed with the victim F and the punishment of the defendant B in the court below.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the sentence is too weak or unreasonable because it is too poor, even in light of the circumstances after the instant crime, the age, sex, family relationship, etc. of the Defendants.
2) According to the evidence duly adopted and examined by the lower court regarding the application for compensation order, the lower court may recognize the fact that the Defendants acquired USD 17 million for the Defendant to the applicant for compensation for the instant crime, and USD 27,382 additionally exchanged for USD 29,99,637 in Korean won to KRW 29,637 in addition, and KRW 360 in cash.
Therefore, the defendants are liable to the applicant for compensation for the amount of KRW 17 million by fraud, and the defendant A is liable to obtain fraud amounting to KRW 29,99,99,90 (=29,99,637 won, KRW 360, KRW 360).