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.
1. The lower court’s sentencing (three years of imprisonment) against the Defendant on the gist of the grounds of appeal is too unreasonable.
2. The crime of this case is clearly defined that the Defendant, for about one year and six months, by deceiving the victims that he would pay a large amount of profit by investing in the stocks outside the country, and by deceiving the victims a total of KRW 1.28 billion from that deception, and that the Defendant shall be punished corresponding to the liability for the crime.
On the other hand, in determining the specific punishment against the defendant, the following circumstances should also be taken into consideration, and the sentencing criteria of the Sentencing Committee are applied to all the sentencing conditions shown in this case, such as the defendant's age, character and conduct, environment, and family relationship, and criminal fraud, type 3 and increased factors: In the event that there are considerable responsibility for the failure to punish the defendant, recovery of considerable damage, occurrence of the crime or expansion of damage: In full view of the above circumstances and the sentencing criteria of the Sentencing Committee, the sentence of the court below that sentenced the defendant to three-year imprisonment is unreasonable.
① The Defendant recognized all of the instant crimes and committed a mistake in depth, and, in particular, did not repeat the instant crime through a life remaining in the Republic of Korea for six months.
(2) There shall be no criminal records on defendants except twice before and after a fine is imposed (violation of the Road Traffic Act and Food Sanitation Act).
③ The lower court agreed with the victim G and H, and agreed additionally with the victim F and D in the first instance trial.
Accordingly, four of the six victims (1.2 billion won out of the total amount of KRW 1.28 billion) are the Defendant's prior action.
④ Considering the amount of money that the victims received from the Defendant as a result of the crime of this case from time to time, the actual amount of property damage incurred by the crime of this case shall be KRW 1.28,00,000.