(영문) 수원고등법원 2019.11.21 2019노147 | 리걸엔진

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(영문) 수원고등법원 2019.11.21 2019노147

특정경제범죄가중처벌등에관한법률위반(사기)

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Compared to the judgment of the court below on the assertion of unfair sentencing by both parties, there is no change in the sentencing conditions, and where the court below’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Sentencing elements asserted by the Defendant and the Prosecutor appear to have been fully considered by the lower court in determining the sentence. Since new sentencing materials were not submitted, there is no particular change in sentencing conditions compared with the lower court.

The crime of this case is committed by acquiring 660 million won from the victim F while the defendant is unable to carry out a large-scale development project, and by acquiring property benefits equivalent to 1170 million won with the maximum debt amount from the victim I, J, and K, which are very poor in the nature of the crime, and the victim F seems to have a significant mental shock arising from the case, and the fact that the defendant has not yet received a letter from the victims is disadvantageous to the defendant.

On the other hand, the fact that the defendant fully recognizes the crime of this case and that the defendant has no criminal records exceeding the same criminal records and the suspended execution are favorable to the defendant.

As can be seen, comprehensively taking account of the following factors, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., the lower court does not recognize that the Defendant’s sentence is too heavy or unfluent and so on, and goes beyond the reasonable scope of discretion, considering the circumstances as indicated in its holding.

All the arguments between the defendant and the prosecutor disputing the propriety of sentencing of the court below are rejected.

2. Conclusion, the appeal filed by the Defendant and the Prosecutor is dismissed.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

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