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(영문) 서울고등법원 2015.03.12 2015노331
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (six years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The Defendant recognized that all of the instant crimes were committed, thereby opposing his mistake.

A defendant shall have no record of criminal punishment, except for those sentenced to a fine twice.

However, the crime of this case is very bad because it plans overseas escape in advance due to the difficulty of the business operated by the defendant, and obtains a total of KRW 2.59 billion from many victims in terms of the price of goods, etc., and the crime of this case is very bad.

Before committing the instant crime, the Defendant planned to commit the crime by preparing in advance the date of escape and the method of remitting the money by deceit, etc.

The victims suffered a considerable economic loss due to the crime of this case, but they did not take any measures to recover damage.

In addition, considering the age, character and conduct, environment, etc. of the defendant and the sentencing guidelines established by the Sentencing Committee, it cannot be deemed that the sentence of the judgment below is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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