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Defendant
A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.
Reasons
1. The court below found the Defendants not guilty of the violation of the Commercial Act against the Defendants among the facts charged in the instant case and of the fraud against Defendant B, and convicted Defendant A of the remainder of the facts charged.
However, among the judgment of the court below, the defendant A and the prosecutor appealed against the guilty portion against the defendant A on the ground of unfair sentencing, on the grounds of erroneous sentencing, on the grounds of erroneous determination of facts as to the fraud against the defendant B among the acquittal portion of the judgment of the court below, and on the grounds of violation of the Commercial Act against the defendants not guilty, both the defendants and the prosecutor did not appeal to the court below.
Therefore, the scope of the judgment of this court is limited to the fraud of the guilty part against Defendant A and Defendant B in the judgment of the court below.
2. Summary of grounds for appeal;
A. The defendant A’s sentencing division (the first instance court: Imprisonment with prison labor for eight months);
B. Prosecutor 1) Defendant A: Sentencing (the original sentence: 8 months) 2: According to the statements of the victim of mistake of facts and the Defendants’ partial statements, the fact that Defendant B conspired with the victim A, thereby deceiving the victim and defrauding KRW 100 million from the victim.
3. Determination
A. As to the grounds for appeal by the prosecutor against the Defendant A and the above Defendant, the Defendant forged and used a private document, thereby deceiving the victim.
Although the money acquired by deceit from the victim is reasonable, damage has not been recovered, and it has not been punished by the victim.
In addition to these circumstances, considering the sentencing guidelines (general fraud, 100 million won or more, and aggravated area: imprisonment between 2 years and 6 years), it is necessary to strictly punish the accused.
However, the fact that the defendant is recognized as committing the crime of this case and is against it, and the defendant seems to have little profit from the crime.