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(영문) 서울고등법원 2013.09.27 2013노1846

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment is too unreasonable and thus, the prosecutor appealeds on the grounds that the lower court’s punishment is too uneasible and unreasonable.

2. The circumstances favorable to the defendant include: (a) the confession of all of the instant crimes; (b) the Defendant partially repaid the principal and interest to the victim C; (c) the Defendant does not want to punish the victim E by mutual consent with the victim E; (d) the equity with the case of the judgment at the same time as the crime of fraud entered in the criminal records as indicated in the judgment of the court below; and (c) the Defendant has no particular criminal record other

On the other hand, the crime of this case begins from October 2006 to June 201, the Defendant acquired approximately KRW 900 million from four victims, and forged and used the real estate lease agreement in which repayment was urged in the process, with a large amount of damage and bad quality of crime, the victims were likely to suffer from suffering due to the crime of this case, and even though the Defendant repaid part of the defrauded to the victims, it is disadvantageous to the Defendant.

In this regard, comprehensively taking into account the Defendant’s age, character and conduct, home environment, motive and background of the crime, the means and consequence of the crime, etc., various sentencing conditions as shown in the instant pleadings, such as the circumstances before and after the crime, and the scope of recommended sentencing guidelines of the Supreme Court, it is not recognized that the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.