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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for a period of ten months and a fine of two million won.
The above fine shall be imposed on the defendant.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below (unfair punishment) is too unreasonable for the defendant (limited to one year and six months of imprisonment and fine of two million won).
B. The sentence imposed by the lower court is too uneasible and unfair.
2. The judgment of this case is that the crime of fraud in this case was committed by deceiving the victim C, who is the main part of the defendant, with economic power, ability to perform obligations, and method of borrowing and receiving a total of KRW 90,00,000,000,000 as the loan money, and the crime is not good in light of the background and method of the crime, the damage amount, etc., and the defendant had the record of criminal punishment including the punishment for the crime of fraud. Furthermore, even though the defendant was the general manager of the sinking vessel at the time, he had high possibility or high risk of overcoming the movement style by the victim P, who was installed on the sinking vessel at the time, in light of the risk of overcoming the movement style due to the moving style itself, weather conditions, surrounding environment, etc., even though there was a high possibility or high risk of overcoming the safety of the operation of the above aircraft, it is recognized that there was no special measure to separately fix the above weight to the life of the victim and the bereaved family members at the time.
However, the defendant recognized all of the crimes of this case, and against his mistake, and the victim of this case committed the fraud of this case was paid KRW 90 million in cash ( KRW 50 million in cash and KRW 40 million in promissory notes and KRW 40 million in cash) to the victim of this case. The victim is not willing to be punished by the defendant, and the victim's bereaved family member is the victim's bereaved family member.