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(영문) 서울고등법원 2015.12.22 2015노3028
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

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

Judgment

The fact that the defendant recognized the crime of this case and the mistake is divided, each loan obligation listed in the table of crime Nos. 1 through 45 and 58 of the attached Table 1 of the judgment of the court below is repaid and the amount not repaid out of the money obtained through deception is approximately KRW 23,487 million in total of each loan specified in the above Nos. 46 through 57, 59 and 60, and the fact that there is no record of criminal punishment exceeding the fine for the defendant is favorable to the defendant.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as: (a) abuse of the B2B guarantee system prepared for the activation of transactions between companies; (b) processing the e-commerce guarantee system, as if it actually conducted transactions between the company under the name of the spouse, and taking out the loan under the name of payment of the price for the goods; (c) the crime is very bad in terms of the nature of the crime, such as impairing financial order and impairing trust in the e-commerce guarantee system; and (d) the fact that the amount of the

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, etc., all of the sentencing conditions shown in the instant pleadings, and the scope of the recommended sentencing guidelines established by the Supreme Court’s Sentencing Committee (three to six years of imprisonment) / [the scope of recommending sentence] general fraud in the basic area (three to six years of imprisonment, and five billion won or more) (three to six years of special mitigation) (three-six years)]. In the event that considerable damage was recovered from the basic area (three-six years of special mitigation) / Cases where the Act on the Number of Crimes was very poor, the lower court’s sentence that exceeded the lower limit of the above recommended sentence cannot be deemed unfair.

Therefore, the defendant's assertion of unfair sentencing is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.

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