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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not have any intention to defraud money by deceiving victims.
B. The sentence of the lower court (six years of imprisonment, two years of suspended execution) is too unreasonable in light of all the conditions of sentencing.
2. Determination on the grounds for appeal
A. In full view of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, notwithstanding that the defendant did not have the intent and ability to repay the money or to pay the value of the goods even if he borrowed the money or purchased the goods through the individual rehabilitation procedure as stated in the facts constituting the crime at the time of the original judgment, it can be sufficiently recognized that the defendant deceivings the victims as if he had the ability to pay the balance of KRW 150 million, and thereby deceivings them over ten times from the victim D, and 315,00 won from the victim F, respectively. Thus, the defendant's assertion of mistake of facts is without merit.
B. It is recognized that the defendant's favorable circumstances such as the victim D's failure to have the defendant punished by agreement with the victim D regarding the argument of unfair sentencing are recognized.
However, the sum of the amount obtained by deception of the instant crime is larger than 24,295,00 won; the Defendant has been punished four times for the same crime; in particular, on September 30, 2010, the Defendant was sentenced to imprisonment for six months with prison labor due to fraud, etc. and committed the instant crime of the same kind on December 18, 2010, without being aware of the fact that the said judgment became final and conclusive on December 18, 2010; the Defendant did not take any measures for the recovery of victimF’s damage up to the trial; and in full view of the various sentencing conditions of Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, the circumstances after the crime, etc., it is deemed that the lower court’s punishment is too unreasonable.