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(영문) 부산고등법원 2017.02.08 2016노628
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (two years and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is that the defendant recognized all of the crimes of this case against the defendant before the crime of this case was committed, while there was a history that the defendant was punished for the same type of fraud prior to the crime of this case, it was a relatively long-standing period of time, most of the defendant used for the business operation of the business, most of the victims did not want the punishment against the defendant, and the defendant continued to be punished against the defendant, and the damage to the victim AD was actually recovered at the trial, and the defendant deposited additional KRW 10 million for the victim AD at the trial, and the crime of this case needs to be considered at the same time in relation to the relation between fraud for which the judgment became final and the concurrent crimes of this case after Article 37 of the Criminal Act and the concurrent crimes of this case.

However, in light of the method and contents of the crime of this case where the defendant committed the crime of fraud with discounted sale or high-income, etc. under the cumulative status of the total damage exceeding 3 billion won, the defendant committed the crime of fraud repeatedly while running multiple sales businesses, and the total damage amount exceeds 3 billion won, and the defendant committed the crime of fraud against the victim AD in light of the method and contents of the crime of this case where the defendant committed the crime of fraud with discounted sale or high-income from the victims under the cumulative status of the debt amount. The defendant committed the crime of fraud against the victim AD while the defendant was prosecuted for the same crime by the same type of fraud, and even during the trial, the defendant did not agree with the victim AD even after the judgment of the court, and all other conditions of sentencing stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive and circumstance of the crime, method and method of the crime, and circumstances after the crime, etc.

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