사기
The defendant's appeal is dismissed.
An application for compensation by an applicant for compensation shall be dismissed.
1. As to the appeal by the defendant
A. The summary of the grounds for appeal (1) The Defendant was merely unable to repay the principal and interest of the investment originally promised due to the occurrence of financial circumstances after receiving each investment from the victims, and there was no intent to obtain the amount of each investment of the victims from the beginning to the beginning, and paid the victims a profit equivalent to the amount of the victims. In addition, the lower court erred by misapprehending the legal principles or neglecting the profit, thereby convicting the victims of all the charges of this case.
(2) The foregoing shall not apply.
In light of the fact that the amount of profit was paid to the victims and the victim Q and agreement was reached smoothly, the sentence of imprisonment with prison labor for the defendant is too unreasonable.
B. (1) In the case of fraud involving misunderstanding of facts or misunderstanding of legal principles, and in the case of fraud involving taking property taking advantage of property, if there is a provision of property due to deception, it itself constitutes a crime of fraud by infringing the victim's property, and thus, the reasonable consideration was paid.
shall not cause any damage to the entire property of the victim.
Even if the crime of fraud does not affect the establishment of the crime of fraud, even if some of the price has been paid, the fraud amount is not the difference between the value of the property given from the victim and the value of the property.
Comprehensively taking account of the evidence duly adopted and examined by the court below, it is reasonable to view that the defendant had obtained the total amount of investments from the victims by deceiving 14 victims as if it is possible to realize a little real reality, and the victims also have made investments in the company of the management of the defendant by making a mistake that it is feasible.
(2) We examine the issue of unfair sentencing, and the defense counsel’s assertion.