특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, the period of three years from the date this judgment becomes final and conclusive.
The summary of the grounds for appeal is that the misunderstanding of the facts of the Defendant and the legal principles did not deceiving the victims without the intention or ability to repay from the beginning, but merely did not repay part of the victims’ loans or investments due to the aggravation of the Defendant’s temporary financial standing as follows. As such, there was the intent of
shall not be deemed to exist.
From July 2013 to February 27, 2014, the victim F invested KRW 852 billion in total, including KRW 32 million on March 19, 2014, and KRW 854.5 million on March 19, 2014, and repaid the principal with interest at a high rate of KRW 632.8 million on December 2013, 2013.
With respect to the victim H, 150 million won borrowed the virtual value and 80 million won was not repaid and the remainder was repaid normally.
The victim I borrowed approximately KRW 50 million in addition to the amount stated in the facts charged in the instant case, and the principal and interest thereon were fully repaid.
The victim J has been engaged in transactions of borrowing money from four years ago and has been engaged in normal transactions until before January 2014.
From the victim KN to the victim K, a total of KRW 80 million was borrowed, and the amount of KRW 40 million was repaid, and the amount of KRW 40,30,000 as stated in the facts charged of this case was not repaid.
For 15 days from the club in which the Defendant invested, the profit of the club was high to the extent that the amount of KRW 60 million was high, and until February 2014, the Defendant made profits of KRW 30 million or more per month through personal investment projects, etc., and it was merely a failure to repay the victims’ loans or investments due to financial difficulties due to the start of the club in which the Defendant invested, and due to other business depression. Nevertheless, the lower court convicted the Defendant of the facts charged in the instant case, erred by misapprehending the legal principles and misapprehending the legal principles.