사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and four months.
1. In light of the gist of the grounds of appeal that the defendant does not start to operate the number system of this case for the purpose of deceiving the victims from the beginning with the intention of deceiving them from the beginning, that is, efforts have been made to reach an agreement with the victims, that the defendant also suffered considerable damages while operating each number system of this case, and that the defendant is the first offender, the court below's punishment against the defendant (three years and ten months of imprisonment) is too unreasonable.
2. In light of the motive and background of the crime, the number of victims, the period of the crime, the number of victims and the amount of damages, etc., each of the crime of this case was committed by the defendant, and the situation was faced with the situation where the defendant could not pay the agreed amount to the members of the fraternity. In order to pay the amount of the fraternity received from other accounts with loan money, etc., and to pay the interest on the loan money, the defendant's 28 victims received the above sum of 2.3 billion won from April 10, 2009 to October 201, 2000 won from 28 victims for a more than 2.3 billion won from the victims to 2.3 billion won, and in light of the victim's motive and circumstance, the law of crime, the period of crime, the number of victims and the amount of damages, etc., the defendant did not actually suffer from the defendant's mental suffering of the victims and the victim's remaining excluding his husband's other U.K., and the defendant's mental suffering from the victims of this case.