Text
The defendant's appeal is dismissed.
Reasons
The decision of the court below on the grounds of appeal (five years of imprisonment) is too unreasonable.
Judgment
The circumstances are favorable to the defendant, such as the following: (a) there is no criminal record exceeding the same criminal record or fine for the defendant; (b) the defendant recognized the crime of this case and reflected against the defendant; (c) the defendant paid 1.74 billion won to the victim C in the course of the crime of this case; (d) the victim I paid 140 million won to the victim I as principal and interest; and (e) the victim G partially repaid interest.
On the other hand, the crime of this case is committed in a long time by the defendant, using the trust of each denied victim C, by repeatedly acquiring money exceeding KRW 3 billion, by acquiring a large amount of money from the victim G and I, and by using it for personal purposes, such as real estate investment and debt repayment, and the responsibility for the crime is very significant. Nevertheless, the defendant escaped overseas upon the commencement of the investigation upon the victim's complaint, and locked after entering the country, and even after entering the country, he did not recover considerable damages to the victims up to now, and the victims want to punish the defendant's severe punishment.
In addition, the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., as shown in the arguments of this case, and the scope of balancing of recommendations according to the sentencing guidelines established by the Supreme Court for the enactment of the Sentencing Committee (the scope of recommended punishment from 4 to 7 years) / [the scope of recommended punishment] of the aggravated area (4 to 7 years), (4 years and less than 5 billion won), [a special aggravated person] of the aggravated area (4 to 5 billion won) of the aggravated area (4 years and less than 5 billion won), the type of punishment was determined based on the aggregate amount of profits, since it concurrently commits the same type of crimes as general fraud.
In full view of the above, it is not judged that the sentence imposed by the court below against the defendant is too unreasonable.