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(영문) 서울고등법원(춘천) 2020.11.18 2020노142
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (two years of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The judgment that the Defendant recognized all of the instant crime, and that, through the guarantee insurance for each contract concluded with the victim I, the damage of approximately KRW 800,000 out of the damage amount to the said victim was recovered is favorable to the Defendant.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant acquired a total of KRW 2.358 million from the victims on the grounds of investment funds, agricultural products business subsidies, storage of down payment, etc., and the crime of this case is bad in light of the frequency of the crime, the sum of the amount of defraudation, etc., and the damage other than some damage to

In addition to these circumstances, the crime of this case is a crime of the latter part of Article 37 of the Criminal Act and a crime of the latter part of the Criminal Act, which is in the relationship between the crime of this case and the crime of this case at the same time. The sum of the damage amount of each crime of this case, which is in the relationship between the crime of this case and the ex post facto concurrent crimes, and the damage amount of the crime of this case, is about KRW 10.4.6 billion in Seoul High Court (Chuncheon) 2017No18, 2018No38 (Joint) and approximately KRW 4.6 billion in Chuncheon District Court 2016No6.5 billion in Chuncheon District Court 2016No806, and approximately KRW 8.1 billion in the sentencing guidelines determined by the Supreme Court sentencing committee, and according to the sentencing guidelines determined by the Supreme Court sentencing committee, if the amount obtained by deception is difficult to be deemed to be imprisonment with prison labor for not less than 10.8 years in light of the above sentencing guidelines, etc.

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