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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원고등법원 2021.01.21 2020노454
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court in the judgment, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no significant change in the conditions of sentencing compared to the lower court in the appellate court.

The defendant seems to have committed a crime in this case. On November 1, 2018, the Seoul High Court sentenced 16 years to imprisonment for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and decided on March 14, 2019. The defendant's each crime in this case should consider equality with the case of concurrent crimes under Article 37 of the Criminal Act with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for which the judgment became final and conclusive, and should consider equality with the case of concurrent crimes under Article 37 of the Criminal Act. The defendant's investment funds attracting by the defendant through the credit rating company of this case were used for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) of this case. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes of this case overlaps with some losses, and the defendant's joint defendant, a representative director of the victim company of this case, proposed that he is favorable to the defendant.

However, although the defendant was in the position of making final decision on the operation and execution of funds as the actual operator of the victim company, in collusion with B, the victim company borrowed the investment funds received from investors for the business fund to G in collusion with the G in advance, a thorough examination of the financial status, business profitability, etc. of the G in charge of the G in-house mediation plan

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