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Defendant
All appeals by prosecutors are dismissed.
Reasons
The court below sentenced the defendant to two years of imprisonment.
The defendant asserts that the above-mentioned sentence is too unfasible, so the prosecutor is too unfased and unfair.
Judgment
The defendant deceptioned that 10% of the investment money is a dividend by offering a security for financial rights, etc., and acquired 1.347 billion won from 19 victims during the period from April 10, 2015 to April 1, 2016, and acquired 1.347 billion won from 19 victims and received 1.3 billion won in a similar amount.
In light of the period of crime, the number of victims, and the amount of damage, etc., the criminal liability is heavy (220 million won, 2781, 2781, 2017, 3294, 3294, 125 million won, 2017, 3294). The defendant appears to have repaid part of the investment amount in the form of return.
In the case of 2017 Highest 2781, the Defendant paid KRW 445.6 million out of the total amount of investment KRW 1.22 billion. In the case of 2017 Highest 3294, the Defendant stated that 43 million out of the total amount of investment KRW 125.00 million was paid (the summary of the pleadings made on October 31, 2017, and the summary of the trial record86), and that the Defendant paid KRW 3 million to some victims (the trial record of 95 pages), the Defendant agreed with the victim E, and S (the trial record of 108-11 of the trial record). Meanwhile, the Defendant was punished by imprisonment with prison labor in the lower court (the trial record of 178-185 pages). Meanwhile, the Defendant was sentenced to a violation of the Regulation of Fraud Act, despite having been sentenced to a similar punishment (the trial record of 178-185 pages).
The recommended punishment according to the sentencing guidelines is from one year to six years of imprisonment.
[Scope of Recommendation] General Frauds 3 Types (50 million won or more, and less than 5 billion won) basic areas (1-6 years or more): 2 stages increase [special mitigation/increased] as a result of combination of concurrent crimes, where the victim has considerable responsibility for the occurrence of a crime or the expansion of damage / Where the victim commits a crime for an unspecified or unspecified number of victims or repeatedly commits a crime for a considerable period of time.