beta
(영문) 서울고등법원 2014.11.07 2014노2270

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment is too unreasonable, and thus the prosecutor appealeds from each of the grounds that the lower court’s punishment is too uneasible and unreasonable.

2. The crime of this case was committed by deceiving the victims and deceiving them about KRW 1.9 billion, and the damage amount is large and not good, most of the damage amount caused by the crime of this case is not recovered, and the victims want to punish the defendants, etc. are disadvantageous to the defendant.

The defendant's mistake and reflects his own mistake, and on February 13, 2014, given up the defendant's right to USD 337,40 ($ 341,617,50 on the exchange rate of February 13, 2014) confiscated in the United States of America, and made the victim C collectable, it has not yet been actually collected, and it has been unclear how much can collect;

The defendant has no other criminal record in addition to the one sentenced to a fine once for a crime of this species, which is favorable to the defendant.

In addition, taking into account the Defendant’s age, character and conduct, home environment, motive and background of the crime, the means and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the situation before and after the crime, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, it is not deemed that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.