(영문) 서울고등법원 2013.12.13 2013노2685 | 리걸엔진

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(영문) 서울고등법원 2013.12.13 2013노2685

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 fact that the defendant spent the operating expenses for the company and the health of the defendant, etc., the punishment of the court below against the defendant is too unreasonable.

B. In light of the fact that the prosecutor Defendant prepared to commit the crime in an intelligent manner and the extent of damage caused by the Defendant’s crime reaches a considerable degree, the lower court’s sentence against the Defendant is too unreasonable.

2. In light of the following: (a) the Defendant prepared a false quotation to deliver goods to the victim Co., Ltd.; and (b) prepared a criminal act in advance by means of deceiving the other party in the written estimate to correct the tax invoice after a subsequent return; (c) a large amount of damage caused by the Defendant’s deceptiveation or stolen goods reaches approximately KRW 600 million; (d) the Defendant used part of the amount acquired by the instant criminal act as gambling funds, etc. in addition to the Defendant’s living cost; and (e) the Defendant was unable to completely recover from the damage; and (e) the Defendant avoided liability upon the occurrence of his/her criminal act, he/she shall be subject to a strict punishment against the Defendant.

However, in full view of the following factors: (a) the Defendant confessions all of the instant crimes and reflects their depth; (b) the Defendant has no record of criminal punishment except for the Defendant’s suspension of indictment once, and appears to have no record of health; and (c) other overall sentencing conditions revealed in the pleadings of the instant case, such as the Defendant’s age, character and conduct, and criminal background, it is not deemed that the lower court’s punishment against the Defendant is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal filed by the defendant and the prosecutor is without merit. It is so decided

참조조문

-형사소송법 제364조 제4항

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