beta
Text
The defendant's appeal is dismissed.
The defendant shall pay KRW 100 million to M who is an applicant for compensation.
The above order shall be.
Reasons
1. The summary of the grounds for appeal (the punishment No. 1 and No. 4 on the market: the fine of 20,000 won, the fine of 20,000 won: the imprisonment of one year) by the court below is too unreasonable.
2. Determination
A. We examine the crimes Nos. 1 and 4 of the holding, and the defendant is against the confession of the crime of this case, and the victims have reached an agreement with the victims and have not want to punish the defendant, etc. in favor of the defendant.
However, in full view of the following circumstances: (a) the Defendant acquired approximately KRW 190 million from the victims on the ground that the Defendant had a large amount of cashier’s checks; (b) the nature of the crime is heavy, the amount of fraud is a large amount; (c) the Defendant committed the instant crime of the same kind at the time of suspension of execution after being sentenced to a suspended sentence due to the same kind of crime; and (d) other circumstances that are the conditions for sentencing, such as the motive and circumstance of the instant crime, the Defendant’s age, character and conduct, environment, and circumstances after the instant crime, etc., the Defendant’s punishment sentenced to by the lower court is too unreasonable. Therefore, the Defendant’
B. As to the crimes Nos. 2 and 3 of the holding, the defendant is against the confession of the crime of this case, and the crime of this case is committed in relation to the first head of the crime of this case as stated in the holding of the court below on February 11, 2012 and the concurrent crimes under the latter part of Article 37 of the Criminal Act, which must be judged simultaneously and considered in relation to equity, etc. are favorable to the defendant.
However, the crime of this case, on the ground that the defendant was a large amount of cashier's checks, by deceiving the victim a total of KRW 116 million from the victims in the name of borrowed money, and the nature of the crime is heavy, the amount of fraud is a large amount, the agreement with the victims or the restoration of damage was not made, and the defendant was under suspension of execution after being sentenced to a suspended sentence due to the same crime.