특정경제범죄가중처벌등에관한법률위반(사기)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. The summary of the instant crime is that, in the event that the Defendant secured the funds to bring in Korea from the Democratic Republic of the Congo to the Republic of Korea, and borrowed money from the Government of the Congo in connection with the construction project carried out with D, the Defendant acquired 8.6 million won, including all kinds of taxes, documents, and expenses incurred in collecting money from the victim in African area, by falsely stating that he/she would pay interest at a high rate and repay it together with the existing debt amount.
The period of the crime in this case is not less than four months, and the amount of the fraud is more than 800 million won, which is 27 times the frequency of the crime.
A considerable portion of the damage amount of this case has not yet been recovered.
The above is the circumstances unfavorable to the defendant.
On the other hand, the defendant shows his attitude to recognize and reflect the crime of this case.
The Defendant did not compete with an international fraud organization related to gold, and the Defendant appears to have belonged to the victim as if he were a certain gold-import business without being aware of the fact that only the statement of the person who is a local related person was believed to be a certain person. Therefore, there are circumstances to consider the circumstances of the crime.
On the other hand, the victim is also two persons together with the defendant.
Despite the fact that the gold-import business does not proceed as originally planned due to a somewhat unusual reason that the local related person referred to in the process of visiting, it seems that there is a considerable responsibility for the expansion of damage since it continued to pay large amount of money.
The substantial part of the acquired amount of this case was reverted to the international fraudulent organization.
The Defendant provided the victim with KRW 20 million in the lower court and KRW 100 million in this court, and returned the part of the acquired money of this case, which was personally used by the victim.
The defendant shall meet with the victim.