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Reasons
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(영문) 서울고등법원 2016.02.03 2015노3514
특정경제범죄가중처벌등에관한법률위반(사기)
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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, the list of crimes attached to the judgment of the court below against the victim C

1. In the case of the indictments Nos. 2, 4, and 10 per annum, not by deceiving the above victim as stated in the facts charged, but by deceiving the victim, and ② A list of crimes attached to the judgment of the court below against the victim J.

2. In the case of the prosecution part Nos. 1 through 3 above a year, the accused does not deceiving the above victim as stated in the facts charged, thereby deceiving the money, and ③ the list of crimes attached to the judgment of the court below with respect to the victim L.

3. In the case of a part of the prosecutions Nos. 1 through 3 once a year, the defendant does not deceiving the above victim as stated in the facts charged, thereby deceiving the money.

Nevertheless, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous.

B. The sentence sentenced by the lower court to the Defendant (four years of imprisonment) is too unreasonable.

2. Determination

A. The Defendant alleged a mistake of fact also asserted that this part of the appeal is identical to the grounds for appeal.

In light of the evidence duly admitted and examined by the court below, the court below rejected the defendant's above assertion at the court below, and it is just to find the defendant guilty of all of the facts charged.

The above assertion by the defendant cannot be accepted.

B. The Defendant appears to have an attitude to repent the wrong facts while making a confession of some of the facts charged in the instant case. The victim J does not want to punish the Defendant, and according to the victim C’s statement, there is room to regard a part of the damage to L as having been recovered, and there is a favorable circumstance to consider it in light of the circumstances.

However, the defendant acquired money of 2.5 billion won or more from victims, and the crime is committed in light of the method of crime and the frequency of crime.

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