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The defendant's appeal is dismissed.
Reasons
As to the victim C as stated in paragraph (1) of the crime of misunderstanding the substance of the grounds for appeal or misunderstanding the legal principles, the relationship between the defendant and the defendant will be terminated by lending more amount than the amount of fraud with respect to the victim D as stated in paragraph (2), the amount of money or goods borrowed by the victim as stated in paragraph (2) exceeds the amount of fraud, and with respect to the victim E as stated in paragraph (3), the defendant deposited several million won for a year and deposited to the victim E, and with respect to the victim G as stated in paragraph (5), the amount of fraud was used for expenses, such as 2 people's feet, travel, shopping, etc., and therefore, the amount of fraud should be recognized as less than the amount
The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.
Judgment
In a crime of fraud, the purpose of which is to obtain a judgment of mistake or misunderstanding of legal principles, if there is a delivery of money by deception, the crime of fraud is established by itself as an infringement of the victim's property, and even if there has been a considerable amount of money or no damage has occurred to the whole property of the victim, the establishment of fraud does not affect.
Therefore, even if the cost of fraud is partially paid or offered as security, the amount obtained by the fraud shall be deemed not to be the difference between the amount given from the victim and the amount obtained by deducting the cost or the amount equivalent to the security given (see Supreme Court Decision 2017Do12649, Dec. 22, 2017, etc.). Therefore, as alleged by the defendant, there is money repaid to the victims (C, D, E, and G) other than the victim F after the defendant received the same amount as the victim stated in each crime, as alleged by the defendant.
Even if it is already established, it does not affect the crime of fraud.
The defendant has a record of being punished by a fine several times for the same kind of crime, and is a crime of the same kind and different kind of crime.