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(영문) 서울고등법원 2016.01.21 2015노3138

특정경제범죄가중처벌등에관한법률위반(사기)

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment) is too unreasonable.

2. Taking into account the circumstances cited in the decision of the sentence to be sentenced by the court below, and two years of imprisonment with prison labor sentenced by the court below was the one lower than the lower limit of the sentencing guidelines determined by the Supreme Court’s sentencing committee (general fraud, Type 3 (at least KRW 500 million, less than KRW 500, less than KRW 5000: Imprisonment with prison labor for a period from 4 to 7 years (aggravating areas), and thus, the Defendant’s assertion is without merit.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.