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(영문) 대구고등법원 2013.11.14 2013노471

특정경제범죄가중처벌등에관한법률위반(사기)

Text

All appeals by the Defendants and by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court against the Defendants (Defendant A and B: Imprisonment with prison labor for one year and six months, and Defendant C: Imprisonment with prison labor for ten months) is too unreasonable.

B. Each sentence imposed on the Defendants by the Prosecutor is too unhued and unreasonable.

2. The Defendants conspired to attract the victims for a long time by paying off virtual borrowers, and repeatedly deceiving the victims, the total amount of the damages reaches KRW 70 million, and the amount of the damages still not recovered is at least KRW 300,000.

The victim is trying to punish the Defendants.

These circumstances are disadvantageous to the Defendants.

On the other hand, Defendant A and C are the first offender who had no criminal record.

Defendant

B has the same criminal record, but there is no criminal record who has been sentenced to a fine exceeding the fine.

The actual amount of damage of the victim is considerably less than the amount of damage stated in the crime, as the defendants paid a considerable amount to the victim as principal and interest repayment.

Defendant

C is out of the conspiracy relationship of the instant crime while committing the instant crime, and the amount obtained by Defendant C during the instant crime is about KRW 200 million.

Defendant

C shall provide support to each of the three children while nursing a baby with a particularly physical disability1.

These circumstances are favorable to the Defendants.

In addition to this point, comprehensively taking into account the various circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendants’ age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the scope of each recommended sentencing guidelines for the Defendants, it is not recognized that the lower court’s punishment against the Defendants is too heavy or unreasonable.

4. According to the conclusion, the appeal by the Defendants and the appeal by the prosecutor against the Defendants is without merit. Thus, all of them are in accordance with Article 364(4) of the Criminal Procedure Act.