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(영문) 서울고등법원 2019.10.18 2018노3390
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to the Defendant (three years of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The decision of the court below, in light of ① unfavorable circumstances, the amount of damage caused by each of the crimes of this case was enormous to KRW 800,000,000,000,000,000,000 won or more. Nevertheless, the defendant only returned to the victim B, which is part of the amount of damage, and the victims of this case want the punishment of the defendant, ② favorable circumstances, the defendant recognized part of each of the crimes of this case, and reflects it, and the defendant did not have any specific criminal record other than sentenced once due to drinking driving, the decision of the court below was made within the scope of the recommended sentencing guidelines of the

In full view of such various circumstances as the Defendant’s age, character and conduct, environment, health, family relationship, motive, means and consequence of each of the instant crimes, as well as the circumstances favorable or unfavorable to the Defendant, the sentence imposed by the lower court against the Defendant is deemed adequate.

In the first instance trial, the Defendant took the attitude of recognizing all of the instant crimes and against his mistake. On January 31, 2019, the Defendant repaid KRW 3 million to the debt collection agent SCo., Ltd. of the victim B, and around July 2019, the Defendant made efforts to recover damage, such as not wanting to punish the Defendant. However, even if such changes are considered additionally, it is difficult to deem that the lower court’s sentencing was changed to the extent of changing the sentence.

Therefore, we cannot accept all the arguments of the defendant and prosecutor.

3. Conclusion, the defendant and the prosecutor.

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