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(영문) 서울고등법원 2015.08.21 2015노902
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. Although the Defendant alleged the original mistake of facts or misapprehension of legal principles as the grounds for appeal, the Defendant withdrawn the allegation of mistake of facts or misapprehension of legal principles from the first trial date ( May 13, 2015) of the first instance trial.

The punishment of the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment shows the attitude of the defendant to reflect when making a confession of all of the crimes of this case in the trial at the court, the amount of KRW 110 million out of the money acquired by the defendant was returned to the victim in the form of loan and the damage equivalent to the above amount was restored. On November 6, 2009, the accomplice C of the fraud of this case deposited KRW 200 million with the victim on November 6, 2009 and deposited KRW 30 million with the victim. The victim and the court below expressed the victim's intent not to have the victim punished, the defendant committed suicide between the detention of this case and the defendant committed suicide, and the husband of the defendant who needs to be supported due to the defendant's urology, etc. was considered as normal circumstances favorable to the defendant.

However, there is a large amount of money that the method of receiving the instant fraud crime is not only an secret and interview, but also a large amount of money that is about 500 million won, damage caused by the instant fraud has not yet been fully restored to the present, and the Defendant has been already punished three times for the same crime. However, the Defendant committed the instant fraud again within the repeated crime period after having been sentenced to imprisonment for 2 years and six months due to fraud in the judgment of the court below. The Defendant was prosecuted for the instant fraud, and the Defendant escaped for about four years after the prosecution was instituted for the instant fraud, and the police officer dispatched to him as a report of the designated person, presented his resident registration certificate to the police officer who was dispatched to him, and committed the instant crime of violating the Resident Registration Act, which is disadvantageous to the Defendant.

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