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(영문) 서울고등법원 2016.07.28 2016노1030
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

C All appeals against the Defendant B by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing against Defendant C is too unreasonable.

B. Comprehensively taking account of the evidence submitted by the prosecutor, the court below found Defendant B, in collusion with the prosecutor, to obtain pecuniary benefits in violation of A’s occupational duties, thereby causing damage to L Co., Ltd. (hereinafter “L”), and at the same time, by deceiving L’s representative, and by deceiving L, guilty of this part of the facts charged. However, the court below found Defendant B not guilty of this part of the facts charged. [Judgment of the court below is erroneous in the misapprehension of legal principles on the first trial date of the first trial of the second trial of the second trial following the lapse of the submission period for the reasons for appeal, but such circumstance alone asserted to the effect that there was

Nor may see (see Supreme Court Decision 2006Do848, May 31, 2007). 2. Determination

A. It is recognized that Defendant C’s judgment on Defendant C’s unfair argument of sentencing is divided into one’s own mistake, and Defendant C does not have the same criminal record.

However, the crime of this case is committed by Defendant C in collusion with Defendant C who administers the business affairs of Defendant C, in violation of the duties of Defendant C, thereby acquiring pecuniary benefits, causing damage to the victim company, and at the same time by deceiving R, and thus, the nature of the crime is not good. The amount of damage caused by the crime of this case is a large amount; Defendant C did not agree with the victim company up to the trial; Defendant C did not agree with the victim company; sentencing against other accomplices; Defendant C’s age, sex and environment; motive, means and consequence of the crime; and other conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, etc., it is deemed unfair for the lower court’s punishment against Defendant C to be too unreasonable. Thus, the above assertion by Defendant C is without merit.

B. This part of the Prosecutor’s assertion of mistake of facts as to Defendant B

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