beta
Text
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.
2. All five female victims have access to the victims through golf meetings, annual relations, etc., and the method or content of the crime is not good by deceiving a large amount of money.
The total amount of damage is KRW 630,000,000,000 and the degree of damage is also more severe.
The damage has not been fully recovered.
Victim I, C, and M have filed a heavy complaint against the defendant in the trial, and they want to impose severe punishment on the defendant.
The defendant has been sentenced to punishment for the same kind of fraud and has been punished several times.
On the other hand, the defendant shows the attitude of reflecting the mistake.
In the first instance, the victim B, P and P do not want to be punished against the defendant.
In addition, considering the defendant's age, living environment, motive and background of the crime, circumstances after the crime, relationship with victims, and criminal records, and the sentencing guidelines of the Supreme Court presented by the court below, the sentence of the court below is somewhat inappropriate.
The defendant's assertion of unfair sentencing is justified.
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied reasoning of the judgment of multiple times] The same is identical to the description of each corresponding column of the judgment of the court below on criminal facts and evidence, and thus, it is cited as it is in accordance with Article
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Determination of the sentence as ordered in the “judgment” column for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, by taking into account the various circumstances, shall be determined by taking into account.