특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment below
The defendant's appeal concerning the defendant's case is dismissed.
The judgment below
Part of the compensation order.
1. Summary of grounds for appeal;
A. The sentence sentenced by the court below to the defendant (three years and six months of imprisonment) is too unreasonable.
(b) The scope of liability for compensation to the applicant E is not clear.
Nevertheless, it is unreasonable that the court below accepted the applicant E's application for compensation and issued a compensation order.
2. Determination
A. The Defendant recognized the instant crime, thereby contravening his mistake.
The defendant paid a considerable amount to the victims under the pretext of the investment principle, and accordingly, a considerable portion of the amount of damage caused by the crime of this case seems to have been restored.
Since the crime of this case is one of the concurrent crimes as stated in the first head of the judgment of the court below and the latter part of Article 37 of the Criminal Act, the equity in the case of judgment shall also be considered.
However, the crime of this case argues to the purport that, in violation of the relevant laws and regulations that prohibit the act of receiving similar money, many investors are recruited over a long-term period of time, and that the defendant's defense counsel by deceiving a large number of investors with high profits, despite the fact that it is not possible to return the money of investment principle even if the investors receive the money of investment, and that the amount of 5.6 billion won is 4,424,730,000 won through a written summary of the argument submitted after the lapse of the period for filing the appeal, since the amount of 460,000 won obtained by deception of the victim E includes 4,424,730,000 won from 460,000 won from 0,000 won to 4,964,730,000 won from 0,000 won."
However, according to the evidence duly adopted by the court below, it can be recognized that the amount of the defraudedation for the victim E is not included in the amount of the defraudedation for the victim H (e.g., the amount remitted to the defendant on December 27, 201 by the victim E is 150 million won, and the victim E is the victim.