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(영문) 서울고등법원 2017.06.01 2017노494
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.

2. There are favorable circumstances, such as that the defendant's mistake reflects his/her depth and is punished by a fine for a crime of violating the Road Traffic Act, and that he/she has no record of criminal punishment, except for a crime of violating the Road Traffic Act;

However, the defendant, by deceiving the victims, could not take damage compensation even after deceiving the steel products in excess of 1.4 billion won, and did not receive any compensation from the victims.

In addition to these favorable circumstances and unfavorable circumstances, in light of the conditions of sentencing under Article 51 of the Criminal Act, the sentencing guidelines of the Supreme Court Sentencing Committee, and the sentencing opinions based on the sound common sense and reasonable judgment of the jurors expressed in the sentencing process of the lower court, which were conducted by the citizen participation trials, the sentence imposed by the lower court is too unreasonable.

Therefore, Defendant’s ground of appeal cannot be accepted.

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. It is so decided as per Disposition.

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