특정경제범죄가중처벌등에관한법률위반(사기)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.
2. The crime of this case is an unfavorable circumstance to the Defendant, on the following grounds: (a) the Defendant continued to borrow money from the victim while arranging so-called “boron loan” (the method of temporarily lending money from a financial company to a customer who is difficult to lend money due to an existing debt and allowing a new financial company to lend money); (b) even though debts have been accumulated to a considerable extent, it cannot be deemed that the amount is less than that of the crime because of the considerable amount; and (c) the fact that there was no agreement with the victim up to the trial.
However, on the other hand, the crime of this case is committed by the agreement that the defendant shall pay high-rate interest (3% within a week) at a short period in the course of borrowing funds in order to mediate the loans of Brazil, and the financial situation has aggravated, and the victim has been paid 3% interest on the principal and interest thereon with respect to the amount invested by the defendant from May 2, 201 to October 12 of the same year. The amount is 10.6 billion won out of 10.3 billion won, and the defendant has no penalty power except for the amount punished by a fine of KRW 30,000,000 from June 1, 2010 to the violation of the Guarantee of Automobile Accident Compensation Act, and the defendant has committed a mistake in prison life for about about 10 months, and the victim has violated his depth as well as his depth.
In full view of the above circumstances and other conditions of sentencing, including the defendant's age, character and conduct, intelligence and environment, motive and background of the crime, allowances and methods of the crime, and the circumstances after the crime, it is deemed that the sentence imposed by the court below against the defendant is too unreasonable.
Therefore, this part of the defendant's argument is justified.
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