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(영문) 서울고등법원 2016.11.02 2016노1228

특정경제범죄가중처벌등에관한법률위반(사기)

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All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the court below on the Defendants (two years of imprisonment by each of the defendants) is too unhutiled and unfair (public prosecutor) or too unreasonable.

(Defendants) Upon the application of the applicant for compensation at the lower court, the lower court rendered a compensation order that “the Defendant jointly pays an amount of KRW 810 million to the applicant for compensation.” Accordingly, according to the Defendants’ appeal, the confirmation of the compensation order is interrupted (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings).

However, in the case of the above trial, the defendants recognized all the fraudulent conduct of this case, and did not dispute the application for the compensation order, and there is no evidence to deem the compensation order unlawful. Therefore, the judgment of the court below is not separately judged as to this part.

2. The instant case pertains to the case in which H’s president and chief executive officer, or vice president and chief financial officer are the Defendants, who are the Defendants, in the process of promoting the development, manufacture, etc. of medicines using the hambrout patent of J, and H did not enter into a contract with J on the patent of hambrambrambrambrambrambrambrambrambrambrambrambrambrambrambrambrambrambrambrambrambrambrambrambrambrambrambrambrambrambrambrambrambrambr.

① In light of the unfavorable circumstances, the lower court cited that the Defendants did not make any effort to recover damage even though the Defendants suffered a considerable amount of damage due to the instant fraud, and, in the case of Defendant B, the Defendants, in particular, by deceiving the victim, and did not object to their mistakes. Then, the lower court took advantage of the unfavorable circumstances.