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(영문) 서울고등법원 2016.01.06 2015노3205

특정경제범죄가중처벌등에관한법률위반(사기)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the reasons for appeal, the defendant asserts that the defendant's punishment declared by the court below (one and a half years of imprisonment) is too unreasonable, and the prosecutor asserts that it is too unfeasible and unfair.

2. Determination is a normal situation that is favorable to the defendant, such as the following: (a) the defendant has committed a crime in both cases and submitted a statement of reflection several times; (b) the defendant has divided his mistake into several parts; (c) the defendant has repaid a total of KRW 980 million out of the amount of damage to the victims as principal and interest; (d) the defendant has no past record of criminal punishment; (e) the defendant has to leave the husband of the defendant to support his family, such as her husband and her husband; and (e) the defendant's old mother and her wife want to support her wife.

On the other hand, even if the defendant borrowed money, the crime of this case was planned to use it for the cost of living or the repayment of borrowed money to other persons, and the credit service provider would pay interest at a high rate even though he did not have the intent or ability to repay the borrowed money.

The circumstances unfavorable to the defendant are as follows: (a) deceiving victims and deceiving them from January 2009 to April 201, 201; (b) obtaining a total of 1.5 billion won from five victims during the two-year period; (c) in light of the amount of defraudation, the method and circumstances of the crime, and the period of the crime; (d) the circumstances after the crime are not good; (e) there are cases where the defendant escaped to China after the occurrence of the instant case; (e) there is a case where the defendant delivers money to the victims with loans from financial institutions; and (e) there is a case where the defendant delivers money to the victims with a very difficult situation to economicly; and (e) there is no adequate recovery from damage; and (e) there is no agreement between the victims and the victims to the end of the instant case.

In addition to the above circumstances, the defendant's age, family relationship, and family relationship.