beta
(영문) 서울고등법원 2014.03.06 2013노3871

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unfairly hot (one year and six months of imprisonment) that the court below pronounced on the defendant.

2. The judgment that the defendant voluntarily attended the police station to investigate the crime and led to confession of the crime, and that some victims have agreed with the case related to accomplices (Seoul Central District Court Decision 201Da1096, 1137, Dec. 15, 201). At the time, the agreement entered the name of the defendant in the agreement as "official" and the fact that the accomplices have been released as suspended execution, etc. in the above case, are favorable to the defendant.

However, the instant case led C to commit fraud for a long time against women by forming a fraud gambling group. Along with the strong role of the co-offenders such as the Defendant, etc., the crime was continued on a planned and organized basis over a long-term basis, and the victim was 23 persons (one of them committed suicide), the total amount of damage was at least 1.75 billion won, and the Defendant made a statement that the Defendant was a main offender of the instant C (C at the time, the investigative agency stated that the Defendant was 20 years old, and later later than 20 years old, the Defendant was sentenced to suspended sentence and the trial was completely completed, and the circumstances leading up to self-denunciation were not until the Defendant was sentenced to suspended sentence, and the agreement between the victims and the above co-offender was prepared on October 21, 201, and the Defendant did not appear to have contributed to the Defendant’s money transfer to C, including the entire amount of money transfer from the Defendant’s co-offenders at intervals of 200 days prior to the instant agreement.