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(영문) 대구고등법원 2019.10.10 2019노387

특정경제범죄가중처벌등에관한법률위반(사기)

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The Defendant recognized the instant crime and reflects his fault, and there was no record of criminal punishment prior to the instant crime.

The defendant paid a considerable amount to the victim as principal or profit, and the actual amount of damage is about 60 million won, which is less than the amount of fraud, and he paid an additional amount of KRW 20 million in the trial.

It does not closely examine the existence of the Cschool Support System that the defendant talks with, and is also responsible for part of the victim who invested in order to obtain high profits in a short period.

However, the Defendant, even though there is no additional collection of support money after the CSchool Association collected support money, had the victim deceptiond about KRW 550 million through 192 times for two years, by deceiving the victim to pay a surcharge of KRW 10% per month.

In order to continue to receive support payments from the victim, the defendant was aware of the victim on the ground of Q Q, and used the acquired money for personal purposes, such as repayment of debts and living expenses.

At the end of the defendant, the victim has paid money to the defendant even after receiving the loan, which led to the victim's severe economic and mental suffering, and the victim has repeatedly sought a severe punishment for the defendant.

In addition, considering the various circumstances shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, and the range of recommended sentences according to the sentencing guidelines, the punishment sentenced by the court below shall not be deemed to be appropriate and too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.