특정경제범죄가중처벌등에관한법률위반(사기)등
The remainder of the judgment of the court of first instance, excluding the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. The punishment sentenced by the first instance court to the summary of the reasons for appeal (three years and six months of imprisonment) shall be too unreasonable;
2. The judgment of the defendant committed the act of fraud in this case, such as making a false statement that he/she would not continuously pay the victims the principal and high interest rate interest profits, while he/she is aware of the fact that he/she is unable to continuously pay the victims the high rate interest profits. The total amount of the damages exceeds 5.7 billion won, and the majority of the victims are a large amount of more than 5.7 billion won, and the victims are not guilty, and the victims are urged by deceiving K to prepare the successful bid amount to raise the money to be paid to the victims. In addition, the nature of the crime is poor; on May 10, 2007, the Changwon District Court sentenced one year and eight months to imprisonment with prison labor at the Changwon District Court on April 30, 2008 and sentenced on April 30, 2008, which is one year after the execution of the sentence was completed, and there is a high possibility of criticism.
However, there are favorable factors for sentencing, such as the fact that the defendant's criminal act was committed against the victims, the amount received from the victims was returned to the victims, and that the first instance court agreed with the victim W, Q, AC, AE,O,Y, P, and AD, and that the victim AB, AA (K after the opening of the name), X side, Z, AL, and AF did not want the punishment of the defendant.
In full view of the aforementioned sentencing factors and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence of the first instance court is too unreasonable.
Therefore, the defendant's argument is justified.
3. In conclusion, the appeal by the defendant is reasonable, and thus, the judgment of the court of first instance is in accordance with Article 364(6) of the Criminal Procedure Act.