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(영문) 대전고등법원 (청주) 2016.07.14 2015노191
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of 120 hours) is too unreasonable.

2. The court below's sentence is too unfair in light of the following circumstances: (a) the defendant was subject to suspended execution one time and several times of fine; (b) the defendant agreed with the victims; (c) the victims did not want to be punished against the defendant; (d) the victims' damage seems to have been considerably recovered; (e) the defendant was subject to a fine prior to ten years; and (e) the defendant has made efforts to develop the Chungcheong North Korean Sport and Olympic Committee; and (e) the defendant has been working for the current issues of the Korean Sport and Olympic Committee.

3. Since the defendant's ground of appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The sentencing grounds as described in the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes against victims D with a heavier degree of crime), and other factors such as the defendant’s age, sex, environment, motive, means and consequence of the crime, method of the crime, circumstances after the crime, etc., shall be determined as ordered by taking into account the following factors:

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