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(영문) 대구고등법원 2013.10.17 2013노311
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four years of imprisonment) is too unreasonable.

2. In 2005, the Defendant did not have any criminal record other than those sentenced to a fine of one million won due to a violation of the Road Traffic Act.

The Defendant recognized the crime of this case and reflected his wrongness.

The defendant has notarized promissory notes, the face value of which is 1,122,625,682 on behalf of the victim company, and paid approximately KRW 220 million out of the total amount of damage KRW 1.2 billion.

The defendant shall support the names of the old and two children.

These circumstances are favorable to the defendant.

However, the crime of this case is very bad for the defendant to commit the crime of this case by taking advantage of the defendant's status in the victim company and the belief that the agent of the victim company is an agent, by taking advantage of the fact that the defendant obtained a total of 1.2 billion won through 84 years, and by forging and using private documents under the name of the agent.

Although the defendant is making efforts to pay damages, the current damages of KRW 1 billion have not been recovered, and it has not been agreed with the victim company.

These circumstances are disadvantageous to the defendant.

There is no special change in circumstances in the past.

In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., as well as the fact that the lower court sentenced the lowest sentence of the recommended sentencing guidelines, it is not recognized that the lower court’s punishment is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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