특정경제범죄가중처벌등에관한법률위반(사기)
All appeals filed by prosecutors and defendants are dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (four years of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The Defendant, even though he did not have the ability to repay or intent to repay, by deceiving the victim and by deceiving him a total of KRW 1.8 billion for one year and three months.
The victim has been suffering from considerable economic and mental suffering due to the payment of investment money to the defendant as well as the money of his/her own, but has not been returned, and the victim has repeatedly sought a severe punishment for the defendant.
The defendant has used the money acquired through deception for personal purposes, such as repayment of personal debts and living expenses, and even before the crime of this case was committed, two times of punishment for the same crime (one time of punishment and one fine).
However, the Defendant recognized the crime of this case for the first time, and is against his mistake.
The defendant pays approximately KRW 620 million to the victim as principal or profit, etc., and the actual amount of damage is less than the amount of fraud.
There are some responsibility for victims who invested in order to obtain high profit in a short period without closely examining the existence, validity, etc. of the intermediate distribution business of household appliances that Defendant talks.
In addition, considering the various circumstances shown in the records and pleadings of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines, the punishment imposed by the court below shall not be deemed to be appropriate, too weak or unreasonable.
3. As such, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that the appeal by the prosecutor and the defendant is without merit.