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(영문) 서울고등법원 2018.01.26 2017노1701
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (unfair sentencing) is that of the lower court’s punishment (two years and four months of imprisonment and two months of imprisonment) too unreasonable.

2. The Defendant was able to repent his mistake and recover damage.

The Defendant committed the instant crime in the course of promoting K projects.

Some of the victims agreed with AX and further agreed with AX in the trial.

The principle of equity shall be taken into consideration when a judgment is rendered concurrently with the violation of the Labor Standards Act.

These points are favorable to the defendant.

The defendant committed fraud against many victims.

The amount of damage caused by fraud is very large, and there are many unpaid wages and retirement allowances.

There was almost no recovery of damage.

These points are disadvantageous to the defendant.

In addition, the sentence of the court below is not hot in light of the following factors: the defendant's age, sex, environment, health condition, circumstances, and result of the crime, and all the sentencing conditions in the pleading after the crime.

The defendant's argument of sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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