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(영문) 서울고등법원 2012.12.13 2012노3228
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years and six months of imprisonment) is too unreasonable.

2. The instant crime was committed by the Defendant, who is engaged in the fishery distribution business, by deceiving the Defendant as if he did not have the intent or ability to return the investment money even if he received the investment money in light of the business performance or financial status, etc., and by deceiving the Defendant to receive a total sum of KRW 958,90,000 as the investment money from the victims.

It is recognized that there are circumstances such as the fact that the defendant committed the crime of this case and divided his mistake in depth, the fact that the defendant returned the amount equivalent to KRW 597,182,00 to the victims as the source of investment proceeds, and the actual profits that the defendant acquired by the defendant do not significantly exceed the amount of fraud, and the fact that the defendant has no other same kind of criminal records except that he was sentenced to a minor fine once by fraud.

However, the defendant has committed repeatedly over a considerable period of time against many victims, and the victim G, and J wanted to punish the defendant. Although the defendant agreed to pay off the amount of damage to I, K, L, and M among the victims, the victims do not want to be punished by the defendant at the court below. However, since the victims other than L except L are in the first instance trial, the defendant's promise to pay off the amount of damage was merely an alcoholic beverage for receiving the defendant's wife by using the agreement, so the defendant's age, character and behavior, environment, motive, means and method of the crime, and circumstances after the crime, etc., various sentencing conditions specified in the arguments of this case and the sentence of the court below according to the sentencing guidelines for the fraud crime of this case are added to the amount of profit in accordance with the method of treating the same kind of crime in the sentencing guidelines.

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