All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

The defendant's imprisonment (five years of imprisonment) declared by the court below is too unreasonable.

The above-mentioned sentence imposed by the court below on the defendant is too unfortunate and unfair.

Judgment

The Defendant, from the lower court to the trial, has recognized the factual basis for the instant crime, and is in profoundly against the Defendant.

These points are favorable to the defendant.

However, even though the amount of damage caused by each of the frauds in this case exceeds 1.62 billion won in total, there is still no agreement with the victims, and in particular, the victims M want to be punished for severe punishment against the defendant.

In the course of committing the fraud against the victim E, the Defendant sought a large calendar in the course of committing the fraud, made the victim E, forged relevant documents, and made the victim enter false information in the register after the crime was committed.

around 2011, the defendant committed the crimes of this case without conviction despite the fact that he had been sentenced to punishment by committing the same kind of crime.

These points are disadvantageous to the defendant.

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the circumstances alleged by the Health Center and the Defendant and the Prosecutor as an element of sentencing were already revealed in the hearing process of the lower court and sufficiently considered. There is no particular change in the situation regarding the factors of sentencing after the lower judgment was rendered.

In addition, the lower court’s sentencing is determined by comprehensively taking account of all the factors indicated in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive for committing an offense, sentencing, and sentencing guidelines of the Supreme Court Sentencing Committee.