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(영문) 대전고등법원 (청주) 2014.02.06 2013노152

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (three years of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant reflects the defendant's wrong, the defendant paid 190,50,000 won out of 586,355,750 won of the damaged amount of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the victim N of the violation of the Labor Standards Act, P did not want the punishment of the defendant, and there are favorable circumstances such as the defendant's absence of criminal records exceeding the fine.

However, considering the following circumstances: (a) the Defendant, even though having no intent and ability to pay the price to many victims, committed fraud by acquiring agricultural products and by defraudation, etc.; (b) the total amount of damage exceeds KRW 770,00,000; (c) the victims were unable to repay most of the damage amount; (d) the Defendant was punished by the Defendant’s severe punishment; (e) the Defendant had the same criminal record; and (e) other circumstances that form conditions for sentencing in the records and pleadings, the lower court’s punishment against the Defendant is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.