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(영문) 서울고등법원 2018.01.30 2017노3449
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court: (a) considered the fact that the Defendant committed a similar receiving act; (b) the number of victims; and (c) the amount of damage was considerably high; and (d) the Defendant again committed the instant crime even though having been sentenced two times to imprisonment due to fraud; (b) considered the Defendant’s mistake and reflects it; (c) given that the amount equivalent to the money invested by the victims, which the Defendant received from the victims, is re-paid as investment return; and (d) determined the sentence within the scope of the recommended sentencing guidelines, taking into account the favorable circumstances, given that the amount equivalent to the financial benefits that the Defendant acquired by the actual

In full view of such circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, the lower court’s sentencing judgment exceeded the reasonable bounds of its discretion, in full view of all the following factors: (a) the lower court’s judgment exceeded the reasonable bounds of its discretion.

There is no change in the sentencing conditions that can be deemed unfair to maintain the judgment of the court below as it is, and there is no change in the sentencing conditions.

Therefore, since the sentence of the court below cannot be deemed to be unfair because it is too large, it does not accept the defendant's unfair argument of sentencing.

3. In conclusion, 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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