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(영문) 부산고등법원 2020.04.02 2019노562

특정경제범죄가중처벌등에관한법률위반(사기)등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the court below on the defendant (three years and six months of imprisonment) is too unreasonable.

2. The instant crime was committed by inducing the victims who came to know of the Defendant through a friendship group to take advantage of their financial history and scale and to take advantage of their high-rate dividends once every two years, and acquired money exceeding KRW 1.7 billion in total through several times during the two-year period.

The lower court determined a sentence against the Defendant by taking into account the following circumstances: (a) the Defendant’s money obtained by deception was returned to the victims for the purpose of the payment of dividends or other debt; (b) used for gambling money; (c) the period and scale of the commission of the crime is difficult to be deemed contingent or temporary; (d) serious economic damage and mental suffering to the victims; and (e) the Defendant was inflicted on the victims; (c) the Defendant has no specific criminal power other than the one-time fine; and (d) the victims received approximately KRW 900 million money from the Defendant as dividends; and (e) the sentencing guidelines of the Supreme Court sentencing Committee

The sentencing of the court below seems to have been determined appropriately by fully taking into account the above various circumstances, and there is no special change in circumstances to be assessed differently from the sentencing conditions of the court below until the trial is held.

In addition, considering all the sentencing conditions as shown in the pleadings, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, it cannot be deemed that the sentence imposed by the court below is too unreasonable to escape the reasonable scope of discretion.

Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.