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(영문) 광주고등법원 2018.02.08 2017노450
특정경제범죄가중처벌등에관한법률위반(사기)
Text

All appeals by the Defendants are dismissed.

Reasons

1. As to the defendants' unfair argument of sentencing, this case takes into account all the facts favorable to the defendants, such as that the defendants' use of the borrowed money for another purpose after obtaining a guarantee from the Korea Trade Insurance Corporation in pretending to conduct false trade transactions, and that the amount of damage was large of 6.3 million won, and that most damage was not recovered, among various sentencing factors, Defendant A was a first offender who has no criminal records, and this court made confessions and reflects all of the crimes; Defendant B did not have any past record of criminal punishment exceeding fines; Defendant B did not have any past record of criminal punishment; Defendant B did not have any part of the fraudulent money; Defendant B deposited part of the money for the victim; and Defendant B deposited part of the money for the victim at the court below, it cannot be said that the punishment of the court below against the defendants goes beyond the reasonable scope of discretion.

The Defendants’ assertion that the lower court’s punishment is unreasonable is rejected.

2. Conclusion, the Defendants’ appeal is dismissed on the grounds that there are no grounds.

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