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(영문) 부산고등법원 (창원) 2018.11.14 2018노203
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (three years of imprisonment and five years of suspended sentence) is too unreasonable.

2. The judgment of the defendant is based on the fact that the victims of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), which is the actual victims of the crime of this case, have been agreed upon between the victims and the defendants, and the above victims do not want the punishment of the defendant, and the victim's acquisition of the principal money by deceiving the above victims cannot be seen as a malicious crime committed under the intention to acquire the money from the beginning, and the above victims also seem to have been aware of the risk of this case's business. It is a large amount of punishment which is 1.5 billion won for the damage caused by the defendant's principal crime of this case. The damage recovery is not more than 20 million won, and it is unclear whether the damage recovery would be made or not, most of the investments that the defendant received from the account of the PP prior to the payment of personal debts of the defendant, the defendant's act of acquiring the principal money by means of monthly salary of K Bank or staff members, etc., and considering the following factors such as the criminal sentencing guidelines and sentencing factors of this case, the defendant's punishment.

It cannot be said that the sentence imposed by the court below against the defendant is too excessive and unfair.

3. If so, the defendant's appeal is justified.

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