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(영문) 서울고등법원 2019.01.30 2018노2238

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment below

The part concerning the accused case shall be reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. The Defendant and his defense counsel maintained only the grounds for appeal by explicitly withdrawing each mistake of facts as to the case on the third trial date of the trial of the first instance, and by maintaining only the grounds for appeal by clearly withdrawing each mistake of facts as to the case on the grounds of appeal.

The punishment sentenced by the court below (10 years of imprisonment) is too unreasonable.

2. The judgment of this case is based on the following facts: (a) each of the crimes of this case committed by the defendant, including the victim Q Q and S, repeatedly by repeatedly deceiving the victim Q and S over a considerable period of time; (b) the sum of KRW 1,151,760,455 as the down payment for loan and clothes production; and (c) the sum of KRW 318,570,300,000, which the defendant actually operated by the defendant, by means of active methods such as forging and forging documents in the name of the customer; and (d) embezzled and embezzled the funds of the victim K Co., Ltd. (hereinafter “K”) which actually operated by the defendant by arbitrarily consuming the defendant's living expenses, etc.; (c) the victims suffered considerable economic damage due to the above crime; (d) the victim C suffered physical and mental pain; and (e) the defendant tried to punish the defendant by having been sentenced twice a fine for the same criminal fraud; and (e) the defendant was under detention for six years after leaving China during the trial of this case.

However, when the defendant was found to have committed the crime of this case in the first instance, he had an attitude of reflecting his mistake in depth while making a confession of all of the crime of this case. The defendant repaid to the victim Q, about KRW 40 million, and about KRW 150 million to the victim S, and partly compensated for damage to the victim K, and about KRW 400 million of the F Co., Ltd's credit operated by him was repaid to the victim C.