logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.06.03 2013노3361
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of imprisonment with prison labor for the first instance (two years of imprisonment) shall be too unreasonable;

2. The Defendant, on the grounds that the NM will proceed to a private development, and that he can raise a large amount of funds in his status in the event of a trial, acquired a total of 600 million won by deceiving the victim. The instant crime constitutes a reason for sentencing unfavorable to the Defendant, such as the fact that the nature of the crime is not good in light of the method of the crime and the degree of damage, etc., and that the victims are not recovered from damage.

However, the first instance court, under the expectation that the victim may obtain abnormal high-income profits through urban development projects, takes into account the fact that the damage was expanded by continuously investing or lending money to the defendant without any particular confirmation about the progress of N-development, etc. due to the fact that the defendant's falsehoods at the end of the time, and considering various sentencing conditions, including the defendant's age, character and conduct, criminal records, occupation and environment, etc., in full view of the defendant's discretionary mitigation for the defendant, and then set the range of sentencing (one year to six months to five years), in favor of the defendant, and set the range of sentencing (one year to five years of imprisonment) in favor of the defendant, as the mitigation area of general fraud (five hundred million won or more, and five billion won or less) under the sentencing guidelines set forth in the sentencing guidelines set by the Supreme Court, the scope of sentencing of recommendation is one year and six months to four years of imprisonment.

In light of all the sentencing materials in the records of this case, the first instance court sentenced the defendant to a punishment of two years near the lower limit. In light of the reasons for sentencing and the process of deriving from sentence of the first instance judgment, the first instance court's sentence to the defendant is relatively minor among the sentencing range in the sentencing guidelines and the sentencing guidelines.

arrow