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(영문) 부산고등법원 2018.04.18 2017노641
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. Scope of the judgment of this court;

A. Of the facts charged in this case, the court below dismissed the public prosecution on the violation of the Labor Standards Act for each worker at the time of 3,6, 8, 10 through 15, 17, 19, 20 through 22, 24, 26, 27, 32, 34, 36, 39, 42 through 45, 50, 51, 57, 61, 63 through 69, 71 through 73, 76, and 77 as stated in the judgment below, and sentenced each of the remaining facts charged.

Defendant

Only the judgment of the court below appealed the above guilty portion, and the prosecutor did not appeal.

Therefore, since the part of the judgment below dismissing the above public prosecution becomes final and conclusive separately as it is, the part dismissing the public prosecution is excluded from the scope of this court.

B. The lower court dismissed the application for compensation by the applicant for compensation.

An applicant for compensation is unable to file an objection against a judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and the above application for compensation became final and conclusive immediately. Therefore, the rejection part of the judgment of the court below is excluded from the scope of adjudication of this court.

2. The sentence of the lower court (five-year imprisonment) on the gist of the grounds of appeal is too unreasonable.

3. The instant crime was committed over approximately one year and eight months, and the sum of the amount obtained by deception is also a maximum amount of KRW 6,877,644,213.

The victims suffered significant property damage due to the crime of this case.

The defendant's total amount of wages and retirement allowances paid to his/her employees exceeds 50,000 won, and there are 36 victims.

It seems that the damage caused by fraud has not been fully recovered.

In light of these circumstances, even if the conditions favorable to the defendant are sufficiently considered, the sentence of a sentence imposed on the defendant is inevitable: Provided, That the defendant has no same criminal record and has committed a mistake.

In the trial of the party, it is promising to recover the defendant's claim in the future and help the recovery of damage.

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