특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
Summary of Grounds for Appeal
The Defendant, on September 26, 2013, withdrawn an assertion of mistake of facts, etc. from the summary of pleading submitted by the Defendant.
The sentencing of the court below that sentenced the defendant for a period of three years and six months is too unreasonable.
Judgment
The crime of this case is committed by deceiving the Defendant as if he had no intention or ability to transfer the real estate ownership while running the real estate development business, thereby deceiving the Defendant from the VictimJ to acquire KRW 440 million, such as the purchase price, and deceiving him as if he would pay 50% or more profit, thereby deceiving the Defendant Q of the victim as if he would have paid 50% or more profit. The damage amount is a large amount, and the Defendant used part of the damage amount for personal use, such as living expenses, etc., the crime is not weak.
However, in the course of investigation, the Defendant agreed to compensate for the damages suffered by the victim J in the course of the investigation, and agreed to compensate for the considerable portion of the damages suffered by the victim Q in the trial.
In addition, as the procedure for ownership transfer registration regarding the subject matter of sale was delayed in relation to the criminal act committed against the victim J by the defendant, the situation that the original owner who sold the subject matter of sale to the defendant refuses to implement the ownership transfer registration procedure for additional damages and thus, did not complete the ownership transfer registration as to the subject matter of sale in time to the victim. In addition, due to the unexpected financial crisis in relation to the criminal act committed against the victim Q, the economic situation worsens due to unexpected financial crisis, and the defendant was not repaid within the agreed due date of payment. In particular, there are some aspects that it is difficult to regard the subject matter as a typical fraud that is difficult, such as the fact that the defendant recognized the crime and is in depth against the defendant, and that there is no history of punishment exceeding the fine.
The age, character and conduct, the environment, and the motive and background of the crime of the defendant.