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(영문) 서울고등법원 2018.04.18 2017노3174
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals by the defendant and the prosecutor are dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (seven years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant recognized the entire crime of this case, and the amount returned by the Defendant is less than the amount acquired by deceit, and the victim H and AB did not want to be punished against the Defendant by agreement with the appellate court.

Meanwhile, even though the Defendant had been sentenced to criminal punishment for fraud, he committed the crime of fraud against the victim D again during the repeated crime period, and the Defendant did not completely recover from the damage even though the total amount of damage caused by the Defendant’s fraud was a large amount.

In addition, the defendant did not appear on the ruling date of the court below 2013 High 778 case and escaped, and committed an additional crime while living for a long time.

Many victims such as victims D and Q request for strict punishment of the defendant.

In full view of the above circumstances, Defendant’s age, sex, environment, health condition, motive and means of the instant crime, result, etc., the sentencing conditions and the range of recommended sentencing guidelines as indicated in the instant pleadings, including the circumstances after the instant crime, etc., it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

3. The application for compensation filed by an applicant for compensation who makes a judgment on the application for compensation shall be limited to cases where the existence or scope of the defendant's liability for compensation provided for in Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings is unclear;

4. All appeals filed by the Defendant and the Prosecutor are dismissed as the grounds of appeal are without merit, and an applicant for compensation is dismissed.

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