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The judgment below
The remainder, excluding the part of the application for compensation order, shall be reversed.
A defendant shall be punished by imprisonment for seven years.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In the case of the crime of defraudation of facts in accordance with the annexed list of crimes (2) through (5) of the judgment of the court below, at the time of borrowing money from the victims, the Defendant had the intent and ability to repay the money. 2) The sentence of unfair sentencing (five years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. Determination:
A. 1) The Defendant asserted the same purport in the lower court’s assertion of mistake of facts. In full view of all the circumstances, the lower court found the Defendant guilty of all the charges on the ground that the Defendant was sufficiently recognized that there was a criminal intent at the time of receiving money from the victims at the time of receiving money from the victims, and that there was a mistake of fact, etc., as alleged in the grounds for appeal, in view of the following: (a) the Defendant acknowledged all of the crimes committed in this part of this part at the time of investigating the prosecution; (b) the Defendant took into account the economic circumstances and property status of the Defendant at the time of borrowing money from the prosecution; (c) the details of deception; and (d) the Defendant failed to fully repay the principal to the victims.
This part of the grounds for appeal is without merit.
B. According to the Defendant’s assertion that each of the instant crimes against the Defendant and the prosecutor’s allegation of unfair sentencing was based on a very large amount of debt, and thus, the victim’s actual amount of damage is approximately KRW 1.2 billion in total, even if the principal is difficult to repay, and by deceiving him/her as if he/she guaranteed a large number of victims with high interest, and thereby deceiving him/her about KRW 3.0 billion in total, which is not very good in the nature of the relevant crime, and only partially paid interest to the victims, and the principal was not repaid at all. According to the Defendant’s assertion, the amount of the interest payment is the sum of KRW 1.2 billion in total. Accordingly, even according to