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(영문) 대구고등법원 2013.05.30 2012노441
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

The application for compensation order of this case shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The crime of this case is determined by taking advantage of the status of a certified judicial scrivener or the Daegu Metropolitan City Council member even though the defendant did not have any intent or ability to repay the money from the victims even if he borrowed money from the victims, and acquired the borrowed money from the victims.

The total amount of damage caused by each of the frauds in this case reaches approximately KRW 2.4 billion, and the defendant has a high possibility of social criticism in that he/she used his/her social status and the trust of victims formed based on the social status.

Until now, a significant portion of the above damage has not been recovered from damage, and the victims except the victimO and U have been strongly punished.

All these circumstances are disadvantageous to the defendant.

On the other hand, there are circumstances in which the Defendant recognized the crime and divided wrong facts, and the Defendant again repaid the principal and interest of other obligations with the borrowed money from the victims, and the amount of damages increases. In the process of the return, there are also circumstances in which the Defendant paid the victims a considerable portion of the principal and interest, the victimO and U expressed their intention that the Defendant would not be punished, and that there is no previous conviction against the Defendant, are favorable to the Defendant.

In addition to these points, in full view of all the sentencing conditions as shown in the arguments in this case, including the age, character and conduct, intelligence and environment of the defendant, and the circumstances after the crime, the sentence imposed by the court below within the scope of recommended sentencing guidelines is too minor.

It is not recognized that it is improper or unfair because it is large.

3. In conclusion, the Defendant and the Prosecutor’s appeal are all filed.

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