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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the court below is too unreasonable because it is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. We examine the reasoning for appeal by the Prosecutor and the Defendant.
The crime of this case is that the defendant, who did not have the ability or intent to receive the removal of the housing site development project, acquired the money from the victims by pretending that he had a certain relationship with the housing site development cooperative by means of pretending about about about 170 million won, and the punishment of the illegality of the act is not easy.
In addition, the defendant seems to use most of the money acquired through the above as living expenses or entertainment expenses.
Furthermore, considering the fact that the defendant has not yet taken any measures for the actual repayment of the victims, it is necessary to punish the defendant with severe punishment corresponding to the criminal liability.
However, the Defendant recognized all the crimes of this case and divided them into depth.
In addition, there is no criminal punishment against the defendant over the suspended execution.
Furthermore, the defendant seems to have been making efforts to dispose of the land owned by the defendant for the repayment of damage.
This is why the Defendant suffers from chronic infection, etc. does not show the health condition, and there are other various circumstances under which the sentencing conditions are imposed, such as the Defendant’s age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, circumstances after the crime, etc., and the scope of the recommended punishment determined by the sentencing guidelines [one year to four years of imprisonment: the basic area of the type two (10 million won and less than five hundred million won)] with respect to the fraud crimes as referred to in this case, the punishment imposed by the lower court (one year and six months of imprisonment) is appropriate, and it cannot be said that the punishment is too heavy or unreasonable.
3. If so, the appeal by the defendant and the prosecutor is justified.