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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal 1) The lower court’s punishment against Defendant A (three years of imprisonment) against the Defendants 2 is too unreasonable. 2) The prosecutor submitted the petition of appeal that “the fact-finding person” was stated in the prosecutor’s office of appeal. However, there was no specific grounds for appeal on this matter. In fact, the grounds for appeal on mistake of facts did not have been deliberated through oral pleadings by the prosecutor, and in this court, there was no other judgment on the prosecutor’s assertion of mistake of facts (see, e.g., Supreme Court Decision 2015Do11696, Dec. 10, 2015). The lower court’s punishment against the Defendants (two years of imprisonment, two years of imprisonment, and three years of suspended execution) is too unreasonable.
2. The crime of this case is a case where the Defendants acquired a large amount of money exceeding KRW 2 billion from many victims by deceptioning a large amount of money from a large number of victims and received it without delay in the process. It is not good that the Defendants committed the crime of this case by continuously receiving money from victims who are vulnerable to the crime such as female, etc. without any specific investment plan.
Defendants did not take proper measures to recover from damage to a considerable number of victims.
(1) The defendant A had been punished for violating the Act on the Regulation of Unauthorized Receipt of Contracts in around 2006, but again had reached the crime of this case.
However, the defendants recognized all the crimes of this case, and there is a significant difference between the amount of damage to the crime and the amount of money not recovered actually by receiving a considerable amount of money from the victims under the pretext of allowances or compensation (the defendants asserts that the actual amount of damage is about KRW 250 million when excluded from the amount of return, such as allowances, etc., and the amount of agreement) and the defendant Eul.