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(영문) 서울고등법원 2016.09.29 2016노1637
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years of imprisonment, three years of suspended execution, and one hundred and sixty hours of community service) on the summary of the grounds for appeal is too unfluent and unreasonable.

2. It is true that there are unfavorable conditions for sentencing as alleged by the prosecutor, in particular, it appears that the criminal intent of defraudation is dolusible, the defendant appears to have made efforts to recover damage after committing the crime, the defendant was sentenced to a suspended sentence of two years on September 26, 2013 at the Seoul Central District Court, which was sentenced to a crime of violation of the Financial Investment Services and Capital Markets Act at the Seoul Central District Court on September 26, 2013, and the judgment became final and conclusive on October 5, 2013. On November 27, 2014, the court sentenced the same crime to eight months of imprisonment and a suspended sentence of two years on December 5, 2014, and the judgment became final and conclusive on December 27, 2014. Since the crime of this case is in a concurrent relationship between each of the finalized crimes and the latter under Article 37 of the Criminal Act, it is difficult to consider the equity in the case of the defendant's character and conduct, the circumstances of the crime of this case, and the unfair sentencing.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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