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(영문) 서울고등법원 2017.11.23 2017노2841
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds of appeal is unreasonable compared to the defendant's liability.

2. The lower court, while considering the fact that the amount of damage caused by the instant crime exceeds KRW 900 million and not less than 7 years have elapsed since the commission of the crime at issue, considering the fact that the damage was caused to the victim as a result of the occurrence of serious damage, etc., the lower court rendered a sentence equivalent to the lower court’s statutory penalty within the scope of mitigation of statutory punishment by taking into account the following favorable circumstances: (a) the crime for which the judgment became final and the crime of this case was committed as a single concurrent crime after Article 37 of the Criminal Act; and (b) the fact that the Defendant has led to the confession of the crime; and (c) the lower court rendered a sentence equivalent to the lower court’s statutory penalty within the scope of mitigation of statutory punishment by taking into account the circumstances favorable to the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime

Although the Defendant, while denying a conspiracy with husband in the lower court, led to the confession of the Defendant’s husband at the same time, and the Defendant’s husband made repayment to the victim with a small amount of damage even after the Defendant’s husband rendered a judgment of the lower court, given that there was a significant change in the sentencing condition to the extent that there was a significant change in the sentencing condition to correct the sentencing determination of the lower court, considering the fact that, in addition to the above unfavorable circumstances set by the lower court, the Defendant, even in the situation where the Defendant had already been making a large amount of debt, by deceiving the victim by means of putting the victim into force, such as making a high contribution,

It is difficult to see it.

The defendant's assertion that the sentence imposed by the court below is too heavy cannot be accepted.

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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