사기
The defendant's appeal is dismissed.
1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.
2. The Defendant appears to have committed the instant crime in a net manner and committed the instant crime in depth.
In addition, there is no room to regard the Defendant as lending money to the Defendant without any particular confirmation on the repayment plan without reliance only on the Defendant’s words promising high-amount profits, since the Defendant operated the restaurant in around 2007 after the commission of the fraud, and the victim appears to have been able to lead an economic life in good faith. This is the circumstances that should be considered in favor of the Defendant in the course of the determination of the punishment against the instant crime.
However, as the Defendant had a high amount of monetary claim against a third party, the instant crime was committed by deceiving the victims under the pretext of funds, etc. necessary to receive the said claim, and acquired approximately KRW 431,00,000 from the victims, and the criminal intent of the unlawful act and the result of the unlawful punishment is not weak.
In addition, even though the victims have borne a lot of damage from friendship and private financial rights to raise the money to be lent to the defendant, the defendant did not take any particular measures to recover the damage of the victims in addition to the repayment of the total amount of 67,50,000 won out of the above acquired money until now.
As a result, the victims have submitted a written application to the effect that they continue to request severe punishment against the defendant.
In addition, there is a number of criminal punishment (including two times of imprisonment and three times of suspended execution) against the defendant for the crime of fraud, and the favorable circumstances mentioned above seems to have already been fully reflected in the sentencing judgment of the court below. Other conditions of sentencing, such as the defendant's age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, etc.