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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (three years of imprisonment and five years of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The instant crime committed by the Defendant by deceiving victims who up to two hundreds of money in order to use the existing debt repayment and gambling funds, etc., and by deceiving and embling approximately KRW 4 billion in total for two years under the pretext of investment and loan. As such, the Defendant would be able to guarantee a high rate of profit if he/she invests in his/her business primarily to the nearest dynamics, transaction partners, etc. by taking advantage of personal trust relationship.
The principal and interest at a high rate shall be paid when lending money on the ground that there is a need for the performance of sale, or that there is a need for performance of sale.
In such a way as prescribed by the Ordinance of the Ministry of Health and Welfare, the defendant deceivings the victims in several hundred thousands of name, and even if he was punished habitually for gambling around September 2016, the defendant continues to engage in deception against the new victims to use it for the purpose of preventing the return of gambling funds and debts, due to such continuous and repeated criminal acts by the defendant, a large number of victims have lost money corresponding to all property and have lost their desire to live, etc., and the victims have suffered a big mental damage as well as physical damage. Nevertheless, the compensation for the damage has not yet been properly made, and it seems that the defendant has not paid any effort to reach an agreement with the victims, and the victims have tried to punish the defendant.
However, the defendant recognized the whole of the crimes in the trial of the party, paid a sum of KRW 1.8 billion to the victims under the pretext of interest, earnings, and variable funds, and some damages have been recovered. This is all other than habitual gambling as stated in the first head of the crime in the judgment of the court below.