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(영문) 부산고등법원 2015.01.29 2014노661
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (six years of imprisonment) is too unreasonable.

B. In light of the various sentencing conditions in the instant case by the Prosecutor, the above sentence imposed by the lower court is too uneasible and unfair.

2. Examining the various sentencing conditions in the instant case, the sentencing factors favorable to the Defendant are as follows: (a) the Defendant appears to be against his own will while committing each of the instant offenses; (b) there was an agreement with F, I, L, P, Q, and T among the victims; and (c) the victimO and R have repaid half of the amount of damage.

Meanwhile, each of the crimes of this case committed against the defendant is a large amount of 2.7 billion won against the victims, which the defendant acquired through play of his child, etc. The victims except for one of the victims are all women, and the defendant seems to have taken a back of the victims by using means such as scarkao Ma, Internet site, automobile club, and children's play. The number of repeated crimes is 160 times, the number of repeated crimes is also 160 times, and D andO have filed a complaint withdrawal, and G and R have withdrawn it after expressing their intention to withdraw the complaint. The damage amount of the victims was not exceeded 2.1 billion won, and the damage recovery was not made, and the defendant can be seen to have enjoyed the same kind of crime as this case's punishment is similar to this case's punishment.

The sentencing factors favorable or unfavorable to the above defendant and the lower court may be within the scope of recommended sentences according to the sentencing guidelines (one year to June 10).

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