사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. The decision of the court below on the gist of the grounds for appeal (four years of imprisonment) is too unreasonable.
2. The crime of this case is not likely to be committed by the Defendant who abused the career of having served as the branch office of Algerts Life, thereby deceiving victims, such as one’s own university and alumni, through a long-term planning and actively deceiving the victims, who do not actually exist, such as one’s own university and alumni, or receiving the borrowed money without intent or ability to repay the investment money.
The amount of damage caused by the instant crime is considerably heavy in excess of 1.3 billion won.
The defendant will return the principal and interest to the victims upon termination of the above customer civil petition-related program.
After notifying the principal and interest return date, contact was cut down immediately before the arrival of the due date, and departure from Korea was also made.
These circumstances are disadvantageous to the defendant.
However, when the defendant was in a trial, the defendant committed the crime of this case, and is in profoundly against his wrongness.
The defendant agreed with the victim M, N, and AC in the court below and the victim F and AD agreed that they were not punished by the defendant.
In the course of committing the instant crime, if the Defendant partly paid money to the victims other than the victim N, X, AA, AC, AD, and AE for the repayment of principal and interest, thereby recovering a considerable portion of the damage [excluding the victim L] due to the absence of agreement with the Defendant (excluding the victim L) from the principal of the victims who did not reach the agreement with the Defendant to the extent of KRW 383 million (excluding the victim L) up to the trial at the level of 383 million won, the remainder calculated by subtracting the amount paid by the Defendant to the Defendant from the principal of the damage amount of the victims (excluding the victim L) at the level of KRW 382,918,640 (excluding the victim L), the sum shall be 382,60,000 won (= KRW 25,080,000 for the victim P25,080,000 for the victim Q 18,450,000 won for the victim's R 55,100,80 Z00.