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(영문) 서울고등법원 2017.05.16 2017노626
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. The fact that the Defendant recognized the instant crime; the Defendant appears to have paid approximately KRW 150 million, regardless of the pretext, to the victim during the instant crime; the Defendant was sentenced to six years of imprisonment with prison labor at the Seoul Central District Court on September 20, 2016, and the said judgment was finalized on December 17, 2016; the instant crime ought to take account of equity with the case of concurrent crimes between the crime of fraud for which the judgment became final and conclusive and the latter part of Article 37 of the Criminal Act; and the Defendant suffers from cerebral dys, as favorable to the Defendant.

However, the defendant committed the crime of this case by deceiving a large amount of 74,2370,00 won between 21 months and 48,000 won from the injured party, while he committed the crime of this case by deceiving a large amount of 74,2370,00 won through 48 times between 21 months and 21 months, when he was aware that he was a person with a considerable social status and refrient power as an executive officer of the distribution of the co-day. The crime of this case is very poor in light of the period and frequency of the above crime, and the amount of damage amount.

Furthermore, in a situation where physical and psychologically difficult, the Defendant was living in a basic level that he is employed as an employee at a hospital volunteer center and received as a staff member, and was in an economically difficult condition. The Defendant knew that he/she believed the Defendant’s horse and provided money by means of card loan, loan, bond loan, corporate bonds, etc., and provided the Defendant with a good knowledge that he/she, he/she, while deceiving the victim, received the said money from the victim, and then saw it as his/her cost of living, purchase of electronic appliances, gambling funds, entertainment expenses, etc.

For the above reasons, the injured party's obligation to the amount equivalent to the above amount of damage.

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