특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, the period of three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (two years of imprisonment) is excessively unreasonable.
2. The Defendant, even though he did not have the ability to pay the proceeds or return the investment funds, by deceiving the victims as if he could obtain a large amount of profit in a short period.
Considering the fact that the amount of damage exceeds KRW 900 million and that the victim committed a crime using trust relationship with the victims, it is necessary for the defendant to bear strict liability corresponding to it.
However, the court below's punishment against the defendant is unfair by taking into account the following circumstances: (a) the defendant made confessions of and reflects against the defendant when he committed the crime; (b) a considerable period of time has elapsed after escape from the investigation stage; (c) the victim voluntarily surrenders to the investigation agency; (d) some victims have been paid the amount of damage; and (e) the victim J has received additional payment of KRW 500 million from the defendant after the judgment of the court below; and (e) the victim J received additional payment of KRW 500 million from the defendant; and (c) the defendant re-written a written application for the correction of the defendant's wife, along with the receipt, was submitted; and (d) otherwise, the balance of punishment against all sentencing factors and similar cases as shown in the argument of this case, such as the defendant's age, career, sex, environment, motive and circumstance of the crime; and (e) the circumstances after the crime.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Grounds for a new judgment] The Criminal Procedure Act applies to the criminal facts and summary of the evidence recognized by the court, and the summary of the evidence, except for the addition of the "court testimony at the trial of the defendant" to the summary of the evidence, since it is identical to the corresponding column of the judgment below.