(영문) 서울고등법원 2015.12.11 2015노2545 | 리걸엔진

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(영문) 서울고등법원 2015.12.11 2015노2545

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant, the defendant, the defendant's imprisonment with prison labor for four years, confiscation) declared by the court below is too unreasonable.

2. However, the fact that the defendant is currently aged more than 80 years old and all of the crimes are recognized and reflected are favorable to the defendant.

On the other hand, there are ① the Defendant had been punished several times for the same crime even before the instant case, and the Defendant again committed the instant crime during the period of repeated crime since he was sentenced to a punishment for fraud even before the Defendant was released from the prison, and even during the period of repeated crime, and the amount of damage was not properly paid back to KRW 1 billion, ② the amount of damage was not yet properly paid back to the name of the owner, ③ the Defendant’s resident registration certificate, personal seal impression, sales contract, etc. are forged, and made the accomplice commit the instant crime closely. ④ The Defendant proposed a crime with the real estate subject to the instant crime, ④ The Defendant, first of all, proposed to commit the crime by using forged documents, and then, was given a loan of KRW 1 billion to the other accomplices, and then distributed the loan to them among the accomplices.

In this context, the defendant's age, character and conduct, environment, motive and background, means and consequence of the crime, circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee of the Supreme Court [the scope of recommending punishment]: General Fraud type 3 (at least KRW 500 million, but less than KRW 500 billion) and special aggravation area (at least 4 years and 10 years and 6 months): In a case where the Act on the Punishment of Specific Economic Crimes is very poor, if the document forgery or alteration is accompanied by the document forgery while preventing the crime of fraud of the same repeated crime, the crime concerning the document shall not be treated as a majority crime, and the sentencing guidelines shall be applied based on the crime of violation of the Act on the Aggravated Punishment, etc.

Various circumstances, such as the situation.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

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