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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than four years and six months.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.
2. The judgment of the court below was examined, and the defendant recognized all of the crimes as stated in the judgment of the court below, and his mistake is divided.
In the investigation stage, the defendant made an agreement with the victim I (amount of damage 400 million won) at the investigation stage, and the victim K (amount of damage 3770 million won) at the trial of the party, the above victims do not want to be punished against the defendant, and the fact that the defendant has no criminal record of imprisonment without prison labor or heavier punishment, etc. are favorable to the defendant.
On the other hand, each crime committed by the defendant in the judgment of the court below is a large amount of money from the victims to KRW 2.162 million as stated in the facts constituting the crime in the judgment of the court below, and the nature of the crime is very serious in light of the motive, circumstance, means, methods, and results of the crime. The defendant shows each crime in the judgment of the court below, such as a contract, inventory photograph, etc. which the victims have forged or falsified to the victims in the course of the crime, and it is very poor that there is considerable damage, and there is no agreement or complete recovery between the victim E (the damage amount to KRW 1.39 billion) who suffered the largest damage, and the victim E (the damage amount to KRW 1.39 billion) has continuously failed to reach an agreement with the victim E continuously from the investigative agency to the trial of the party. However, it is difficult for the victim E to conclude that such agreement was made under the condition that the victim's family was transferred to the third party due to the lack of circumstances of the defendant's home, and thus, it is difficult to be considered as a practical reason for repayment.
This is favorable to or against the above defendant.