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(영문) 서울고등법원 2016.12.02 2016노2497
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The defendant's appeal concerning the accused case is dismissed.

The judgment below

Part of the compensation order.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence of unreasonable sentencing (six years of imprisonment) is too unreasonable.

B. Since the defendant paid interest and partial principal to the applicant for compensation, the scope of the defendant's liability for compensation is not clear.

Nevertheless, it is unreasonable that the court below accepted all the application for compensation by the applicant for compensation, and issued an order for compensation.

2. Determination

A. The Defendant’s judgment on the assertion of unfair sentencing seems to have led to the instant crime as the principal and interest of the lending company increased by supplying the loan from the lending company in the process of supporting the married children after the divorce, the Defendant recognized the crime and reflected, and some of the defraudeds were paid to the victims as principal and interest or profits. As such, the actual amount of damage of the victims falls short of the amount specified in each criminal facts indicated in the original judgment, and there is no criminal record against the Defendant.

However, the crime of this case is committed by deceiving 17 victims, such as the defendant's friendship or a branch of a workplace, or the student at the Nursing Institute, etc., for the up to three years, by deceiving 3.5 billion won in total. The crime of this case is very poor. Even if considering the money returned by the defendant, the total amount of damages not recovered is more than 2 billion won, and the economic situation of the defendant is unlikely to recover, and there is little possibility that the remaining damages may be recovered, considering the economic situation of the defendant. Some victims of the crime of this case are expected to have great damage due to the crime of this case, such as the loss of most property due to the crime of this case and the failure of home. The defendant sent the victims who urged the return of the money by sending false deposit photographs of the amount actually being purchased to the victims who demanded the return of the money after the crime of this case, and there is no good condition after the crime of this case, and considerable number of victims desire to punish the defendant.

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