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(영문) 부산고등법원 2015.02.05 2014노744

사기등

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions of the Defendants in the instant case, each of the following is unfair: (a) the sentence imposed by the lower court on the Defendants (a fine of KRW 15 million, KRW 35.2 million, KRW 35.2 million, KRW 10 million, KRW 5.3 million, KRW 5.3 million) is too unreasonable:

B. In light of the various sentencing conditions in the instant case by the Prosecutor, the above sentence imposed by the lower court is deemed too uneasible.

2. Examining the various sentencing conditions in the instant case, the Defendants committed the instant crime, which is disadvantageous to the Defendants, is a factor for sentencing, and the crime of this case was committed by deceiving the victims by deceiving them to get loans from financial institutions, which is not less than 50 million won in return for the mediation. The instant crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. of Specific Economic Crimes)

Meanwhile, as a factor of sentencing favorable to the Defendants, the Defendants appear to be against their own interests when they substitute for the instant crime, and Defendant B agreed with the victim, Defendant C also deposited some of the money for the recovery of damage, and the victim appears to have demanded it to the Defendants for his own interest, even though he was aware of the fact that the appraisal and loan could not be achieved in a normal way, in light of the market price of the instant real estate.

The aforementioned factors of sentencing, which are disadvantageous or favorable to the Defendants, as well as the extent of the Defendants’ participation and degree of participation, actual gains, the age, character and conduct and environment of the Defendants, family relationship, means and methods of crime, and circumstances after the crime, etc. are indicated in the arguments in this case.