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(영문) 대구고등법원 2019.07.10 2019노88
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

1. The judgment below is reversed.

2. Defendants shall be punished by imprisonment with prison labor for a period of two years and six months.

3.Provided, That this judgment shall not apply.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the Defendants (two years and six months of imprisonment each) is too unreasonable.

B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.

2. The crime of this case was committed by the Defendants by deceiving the victims, by deceiving them with approximately KRW 900 million under the pretext of borrowing money for online shopping mall business, and most of the money was raised with gambling funds, etc., and the criminal liability is not minor in light of the methods and contents of the crime, and the scale of damage.

The victims were faced with serious economic difficulties due to the above crimes committed by the Defendants, and caused the said crimes, and the impulses and scarcitys were also very serious.

On the other hand, the defendants are aware of the crime and reflect in depth the mistake.

Before committing the instant crime, the Defendants did not have any history of criminal punishment or a fine exceeding that of the same type of crime, and some of the amount of damage was returned to the victims as interest.

Defendant

The equity between B and B should be taken into account when the judgment is rendered simultaneously with the crime of fraud.

The Defendants have been making a serious effort to recover the damage, and based on such attitude, the victims received a letter from the victims, and the victims were in the preference against the Defendants.

In full view of all the circumstances, including these circumstances, including the Defendants’ age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, it is deemed that the sentence imposed on the Defendants is too unreasonable compared to their responsibilities.

Therefore, the Defendants’ above assertion of unfair sentencing is reasonable, and the prosecutor’s assertion that the Defendant’s punishment against the Defendants is too uneasible and unreasonable is not acceptable.

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