beta
Text
All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentence (No. 1 through 5, No. 1, No. 400,000,000,000 won for the victim C), and each fraud against the victim D, E, F, and G: Imprisonment with prison labor for one year and six months, No. 6, the Attached List of Crimes against the victim B, and No. 2, and each fraud against the victim C against the victim C: fine of four million won) is too unreasonable.
B. The Prosecutor’s sentence (No. 6 in the annexed list of crimes against the victim B, No. 2 in the annexed list of crimes against the victim C, and each fraud against the victim H: KRW 4 million) is too uneasy and unreasonable.
2. Determination
A. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.
The court below determined punishment against the defendant in consideration of the following factors: Nos. 1 through 5 of the annexed crime list against the victim B; No. 1 of the annexed crime list against the victim C; the victim D, E, F, and each fraud against the victim D, and E, E, F, and G: the amount of defraudation is equivalent to KRW 2396 million; the victim did not reach an agreement with the victims or recover from damage; the defendant is recognized as a crime; the defendant cannot be deemed to have concealed the money by private means; the defendant is not deemed to have concealed the money by private means; the defendant is sentenced to punishment for the defendant in consideration of favorable circumstances such as equity in the case of judgment at the same time as the judgment becomes final; on the other hand, the annexed crime list No. 6 of the victim B; the annexed crime list No. 2 of the annexed crime list against the victim C; and each fraud against the victim H, under normal circumstances, the amount of defraudation is relatively small to KRW 2,600,000.