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(영문) 대구고등법원 2017.12.05 2017노282
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (4 years and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The following are favorable sentencing factors: (a) the Defendant, prior to the instant crime, was the first offender with no particular criminal record; and (b) the Defendant appears to be against each other by recognizing all of his/her own crimes.

Meanwhile, the Defendant: (a) committed the crime of defraudation against the victim C Co., Ltd., a company in which he was physical gathering, thereby causing damage exceeding KRW 500 million; (b) even if he embezzled the funds owned by the said victim, he/she caused the victim, and (c) demanded that he/she pay KRW 1 billion in the name of the said money; (d) the Defendant would have agreed with the lower court to agree with the victim, but did not receive a letter from the victim, but rather did not receive a letter from the victim during the time of the agreement with the victim, and rather, he/she wanted to punish the said victim with severe punishment.

In light of all of the above factors of sentencing and all of the factors of sentencing indicated in the records and changes of this case, it is not recognized that the sentence imposed by the court below is too heavy or unreasonable since it is too heavy. Thus, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. According to the conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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