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(영문) 서울고등법원 2015.12.11 2015노2329
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year and six months of imprisonment) is too unreasonable.

2. On November 3, 2012, in relation to the crime of fraud, etc., which became final and conclusive on November 3, 2012, and the latter part of Article 37 of the Criminal Act, the principle of equity should be taken into account with the case where the judgment was rendered together with the above crime, and the fact that there is a possibility of partial repayment of the damage of the victim Suwonwon, Suwon National Agricultural Cooperative, in accordance with the result of related civil procedure.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as ① obtaining a fraudulent loan by using the father in the state of mental retardation, which has been planned as a crime, ② the amount of fraud is 190 million won, and ② the fact that the amount of fraud has not yet been paid due to the name but has not yet been paid.

In this context, considering various circumstances, such as the Defendant’s age, character and conduct, environment, motive, background, means and consequence of the crime, circumstances after the crime, and the fact that the lower court already rendered the lowest sentence of punishment by law, etc., the lower court’s punishment cannot be deemed to be too unreasonable. Therefore, the Defendant’s assertion of unfair sentencing is without merit.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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