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(영문) 서울고등법원 2019.09.04 2019노1038

특정경제범죄가중처벌등에관한법률위반(사기)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. The Defendant recognized each of the crimes in this case, and repented his mistake.

In the course of committing each of the crimes of this case, approximately KRW 227 million was paid to the victims as profits, and the actual amount of damage caused by each of the crimes of this case is less than the amount obtained by deceit.

There is no record of punishment, except for punishment by a fine on two occasions due to the crime of this kind.

These points are favorable to the defendant.

However, each of the crimes of this case is deemed to have been realized through futures trading, and it is not good to commit such crimes and commit such crimes. Each of the crimes of this case is obtained by deceiving about about 530 million won in total from six victims over about 28 years and 6 months.

The Defendant did not endeavor to recover from damage since the commencement of the investigation into each of the instant crimes, and the victims want to punish the Defendant.

These points are disadvantageous to the defendant.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive for committing a crime, means and method of committing a crime, and circumstances after committing a crime, etc., the lower court’s punishment against the Defendant is too unreasonable.

Defendant’s assertion is without merit.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.