특정경제범죄가중처벌등에관한법률위반(사기)등
The defendant's appeal is dismissed.
1. In light of the fact that the defendant acknowledges the facts of the crime and reflects the mistake, that most of the money acquired through deception is used to pay as interest, and that he is scheduled to endeavor to recover damage, the punishment (five years of imprisonment) imposed by the court below is too unreasonable.
2. In light of the fact that the defendant's judgment on the grounds for appeal is a huge amount of money from five victims up to KRW 920 million in total, the victims seems to have considerable property damage and mental suffering from such money, and the victims have not been properly recovered from such damage up to now, and the victims have been humped with severe criminal liability against the defendant.
On the other hand, the favorable circumstances alleged by the Defendant on the grounds of appeal appear to have already been considered in the sentencing of the lower court, and no new sentencing materials have been submitted to the extent that the lower court’s sentence was reversed in the first instance court, and there is no change in the other sentencing conditions after the lower court was sentenced
In addition to these circumstances, the lower court’s sentencing against the Defendant is unreasonable in light of the Defendant’s act and the degree of responsibility, and thus, the Defendant’s assertion is without merit. In so doing, the lower court did not have any justifiable reason.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.