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(영문) 광주고등법원 2017.09.21 2017노280
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals by the defendant and the prosecutor are dismissed.

All applications for compensation order shall be dismissed by applicants.

Reasons

1. There is no change in the sentencing conditions compared to the judgment of the court below as to both of the alleged unfair sentencing, and where the sentencing of the court below is not beyond the reasonable scope of discretion, it shall be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The victims of the crime of this case, most of the victims of the crime of this case, such as the same students and neighbors, who are close to the defendant, are not involved in the crime, whose crime is not good in terms of the method of crime and the amount of damage, such as the amount of fraud amount to a total of 1.4 billion won, and it is deemed that the victims have not been recovered from the victims, and there is no significant part of the recovery of damage to the victims, which are disadvantageous to the defendant, the defendant did not have a criminal record, and all of the crimes of this case from the court below, and the sentencing conditions shown in the records and arguments including the circumstances favorable to the defendant, were exceeded the reasonable scope

shall not be deemed to exist.

All the arguments of the defendant and the prosecutor that the sentencing of the court below is unfair are rejected.

2. The appeal filed by the Defendant and the prosecutor is dismissed on the grounds that all of the appeals by the Defendant and the applicant for compensation filed in this court are without merit. The application for compensation order filed in this court is dismissed in accordance with Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, since the scope of compensation liability is not clear due to disputes as to whether the Defendant and the applicant for compensation recover damage and the amount thereof are disputed.

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