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(영문) 서울고등법원 2017.07.06 2016노3081
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (as to the crimes No. 1 in the holding, fines of KRW 100,00,000 for the crimes No. 2 in the holding, and fines of KRW 18,00 for the crimes of KRW 4 in the holding) is too unfasible and unfair.

2. It is difficult to deny that there is a high possibility of criticism on each of the of the crimes of this case and that there is a need for strict punishment corresponding to the degree of responsibility for the defendant, considering that the defendant committed the crime of larceny, etc., even though the defendant was placed prior to the suspended sentence, he/she acquired a credit card lost by another person in a month remaining after the judgment became final and conclusive.

However, in light of various circumstances favorable to the Defendant, such as larceny, etc. for which judgment became final and conclusive, and the crime of larceny, etc., prior to the final and conclusive judgment, the equity between the time when judgment was rendered is rendered, and the Defendant’s damage was compensated, and each crime after the final and conclusive judgment appears to have been committed by acquiring another’s credit card by chance, and the damage was completely recovered, and the Defendant recognized all of the instant crimes, and his mistake was divided in depth, it is difficult to view that the lower court’s choice of a fine for each of the instant crimes is too unreasonable compared to the extent of the Defendant’s responsibility, and thus unfair.

Furthermore, the court below conducted the case according to the citizen participation trial procedure, and sentenced the defendant to the sentencing opinion presented by the jury (as to the crime No. 1 in the holding, a fine of KRW 1,5 million shall be imposed, a fine of KRW 3, a fine of KRW 18 million shall be imposed, a fine of KRW 2, a fine of KRW 20 million shall be imposed, a fine of KRW 2,000,000). Although the jury's opinion on sentencing only has the recommended effect, the citizen's opinion on sentencing has only the effect of recommendation.

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