(영문) 서울고등법원 2018.05.30 2017노3555 | 리걸엔진

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(영문) 서울고등법원 2018.05.30 2017노3555

특정경제범죄가중처벌등에관한법률위반(사기)

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The defendant's appeal is dismissed.

The defendant shall take money 600,000,000 won by fraud to the applicant for compensation and shall do so on June 2015.

Reasons

1. The main point of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendant is too unreasonable.

2. On the grounds for appeal, the Defendant recognized all of the instant crimes, and repented of his mistake.

However, the crime of this case is committed as if it were the head of the I Foundation, and the victim access to the victim, thereby holding part of the share of the right to operate the funeral hall, and by deceiving the victim, thereby deceiving the victim in sum of 60 million won, and it is not good to form the crime and commit the crime.

The amount of damage caused by the instant crime was not fully recovered from the name of KRW 600 million up to the depth of the party, and the victim wanted to severely punish the Defendant.

The defendant has been punished six times or more as a crime of fraud, and two times of which are the same as the crime of this case, the relationship between the relationship with the relationship of the I Foundation and is punished as a penalty for committing the crime of this case.

Even though the defendant is under the period of repeated crime, he committed the crime of this case under the same several laws.

These points are disadvantageous to the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and method of committing a crime, and the circumstances after committing a crime, etc., the lower court’s punishment against the Defendant cannot be deemed unfair because it is too unreasonable.

Defendant’s assertion is without merit.

3. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the application for compensation order and the circumstances recognized by the argument of this case, the fact that the defendant, by deceiving 60 million won from the applicant for compensation due to the crime of this case, inflicted damage on the defendant, and the defendant stated to the effect that he, from the first trial date of this case, recognized his obligation to the full amount of the application for compensation including delayed damages of 60 million won.

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