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1. The judgment below is reversed.
A defendant shall be punished by imprisonment for three years.
2. All of the applicants for compensation.
Reasons
Summary of Grounds for Appeal
A. In light of the fact that most of the damages suffered by the victims of the defendant and that the intention to acquire the defendant was doluence, the sentence of the court below (four years of imprisonment) is too unreasonable.
B. Considering the fact that the amount of fraud by the prosecutor is a large amount, and that the defendant had been absent and escaped at the time of rendering the first judgment of the court below, the sentence of the court below is too unreasonable.
Judgment
A. The crime of this case is a situation unfavorable to the defendant, such as the following: (a) the defendant had the victim, including ordinary victims, trusted by making a false statement about their property status, etc.; (b) used the borrowed money for personal consumption, etc.; and (c) by deceiving the victims during the repayment of the money to a third party; (d) the crime of this case is very poor; (e) the total amount of the defraudation is 1.5 billion won; and (e) the defendant escaped without attending at the date of the first sentence of the judgment of the court below.
B. However, after the defendant was detained, a considerable amount of money is deposited for the victims in the trial process, and the crime of this case must be considered at the same time in concurrent crimes with the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in which the judgment became final and conclusive, and the defendant is not in good health conditions due to high blood pressure, etc., the defendant has hedging with I and their children in de facto marital relationship due to this case, and the victim E's damage recovery data is additionally submitted in the trial court.
C. The sentence of the lower court is too unreasonable in light of all the sentencing conditions shown in the instant pleadings, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, as the defendant's argument of unfair sentencing is reasonable.