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(영문) 서울고등법원 2020.10.28 2020노884
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. On September 25, 2020, the Defendant withdrawn the assertion of mistake of facts and misapprehension of legal principles among the grounds for appeal on September 25, 2020 on the third trial of the trial court.

The punishment of the court below (three years of imprisonment) is too unreasonable.

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

2. The judgment is an unfavorable circumstance against the defendant, such as the fact that the defendant is not good to the quality of the crime by deceiving a large amount of money exceeding 1.4 billion won from the victims, the victim B, F, and L wanting to punish the defendant's severe punishment, and the fact that the defendant has the same criminal records.

However, the defendant paid 91,850,000 won out of the amount of damage 121,145,700 won to the victim B (Evidence No. 641). The defendant asserts that he paid 200 million won out of the amount of damage 410,406,282 won to the victim F (Evidence No. 306 of the Evidence No. 306 of the Evidence No. 306), and that the defendant paid 230,000 won if it includes interest.

In the case of permanent residence owned by the wife BB for the victim N, the establishment of the right to collateral security was made on the land BC, BD, BE, BF, BG, and BH. As such, the establishment of the right to collateral security was made by the victim L and N submitted a written agreement at the original court (the trial record 89 to 98 pages) and others were favorable to the defendant.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive for committing a crime, means and method of committing a crime, and the circumstances after committing a crime, the lower court’s punishment against the Defendant cannot be deemed to be too minor or unreasonable.

The defendant and prosecutor's assertion of unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, 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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