사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall obtain money from the applicant C to the applicant C 30.
1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Determination of the amount of damage caused by each of the instant crimes is KRW 195 million, and there was no agreement with the victims until the victims were in mind, and the victims of the instant crime did not receive any return of the principal of the investment at all, etc. are disadvantageous circumstances.
However, the defendant paid some of the money to the victims as dividends, etc., in particular, it seems that the victim F would have been paid 106,540,000 won exceeding the principal of investment with respect to the victim F, and that the criminal intent of defraudation by the defendant seems not to have been relatively firmly established, and that the defendant recognized and reflected all the fraudulent crimes in the judgment of the party, that there is no criminal history exceeding the same criminal record or fine, and that there is no other means and result of the crime, taking into account the circumstances after the crime, age, sexual behavior, environment, criminal records, etc., the punishment imposed by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The facts constituting an offense and summary of the evidence acknowledged by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below, except for the alteration of the "1. The defendant's partial statement" to the "1. The defendant's oral statement" in the summary of the evidence to the "1. The defendant's oral statement" as stated in each of the corresponding columns of the judgment below. Thus, they are cited in accordance
Application of Statutes
1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the Criminal Act for the selection of punishment for each of the crime (the crime committed in relation to foreign exchange in relation to victims G). Article 355(1) of the Criminal Act (the crime of embezzlement in relation to foreign exchange) and Article 357 of the Criminal Act are each applicable.