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(영문) 대구고등법원 2016.10.06 2016노443
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

1. The part of the judgment of the court below as to the crimes as prescribed in Articles 1 through 3 and 5 through 12 shall be reversed.

2. Judgment of the court below.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (the crime of paragraphs 1 through 3 in the market, the crime of paragraphs 5 through 12 in the market: imprisonment of 3 years, and the crime of No. 4 in the ruling: imprisonment of 2 months) is too unreasonable.

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

2. The crime of this case is a large amount of crime in that the Defendant, by making a false statement of intent to supply scrap metal to the victims, acquired the proceeds of scrap metal, and issued the tax invoice without receiving the goods despite being supplied with scrap metal. The crime of this case is a large amount of crime in that the victim is a majority and the damaged amount exceeds five billion won.

The defendant has a record of having been sentenced several times of punishment for the same crime, and in particular, other crimes except the crimes No. 4 of the decision are committed during the period of the same repeated crime.

On the other hand, the defendant is attempting to commit a crime in the trial and is against the mistake.

The defendant paid damages by supplying scrap iron or paying cash for a significant amount of the damage, and the representative director K of the victim H, which is the largest amount of damage, submitted a written application for no punishment and a written application for coal punishment to the purport that he/she would immediately release the defendant from the court and re-exploit the defendant as soon as possible.

It is necessary to consider equity in the case of a crime of fraud against the victim R, which is entered in all the facts in the judgment of the court below which became final and conclusive.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court on the crime No. 4 as indicated in the judgment of the Defendant falls within the appropriate range of sentence corresponding to its liability, but it is deemed that the sentence imposed on the remaining crimes is somewhat unreasonable.

Therefore, except for the crimes No. 4 in the judgment of the defendant.

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