사기등
The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by imprisonment for not less than two years and six months.
1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.
2. In light of the fact that the victim of the instant crime is a majority of the victims of the instant crime, and that the amount of the defrauded or the amount of the received money reaches KRW 84,00,000, which is significant, and that the criminal records of the same crime are two times (one suspended execution, and one fine) with the same criminal records, it is necessary to strictly punish the Defendant.
However, in full view of the fact that the defendant is recognized as committing a crime, the fact that the defendant is against the victim, the substantial part of the amount of the fraud or the amount received is returned to the victims under the pretext of the proceeds, and the actual amount of the damage is deemed to be much less than the amount of the fraud, the actual criminal proceeds acquired by the defendant seems not to be much significant, and the court below agreed with 7 victims in the judgment below, the fact that the victim and 27 further agreed in the judgment of the court below, the victims are also responsible for the occurrence of the crime or the expansion of damage, and other various circumstances that are the conditions for sentencing, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the punishment of the court below is somewhat inappropriate.
3. In conclusion, the part of the judgment below against the defendant is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court are as follows: “The total amount of KRW 768,157,100 over 282 times” in the second sentence of Article 3 of the lower judgment is as follows: “The total of KRW 751,783,100 over 281 times”; “86,237,100 over 416 times” in the third sentence of Article 3; “849,863,100 over 415 times”; “the total of KRW 86,237,100 over 416 times”; “the total of KRW 849,863,100 over 416 times” in the third sentence of Article 3; “the total of KRW 86,237,100 over 415 times, 849,863,100 over 415; each of the crimes, other than the list No. 751,51.