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(영문) 대구고등법원 2018.07.26 2018노221

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) is unreasonable in light of the various sentencing conditions in this case (two years of imprisonment with prison labor).

Judgment

Examining the various conditions of sentencing in the instant case, the lower court determined that the Defendant did not have any criminal intent for deception, and appears to have committed all the instant crimes at the time of the trial, and expressed an attitude of reflecting the depth thereof; the amount of KRW 250,000,000,000, which is close to half of the amount of fraud, was returned to the victim under the name of interest, etc. (such as so-called “return prevention”; and the victim was obtained by deception of a large amount of money exceeding KRW 500,000,000,000,000,000,000 won, it appears that “the Defendant would give interest rate at a short time on the loan of money; whether the Defendant was specifically related to the court; what means to substitute for the court; whether the Defendant could have been paid interest rate of KRW 7,000,000,000,000,000,000,000,000,000 won, 7,0000.