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(영문) 서울고등법원 2016.03.18 2015노3626
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (three years of imprisonment) is too unreasonable.

2. The judgment defendant does not have any record of being punished for the same kind of crime, and when it comes to the first instance, part of the grounds to take into account the circumstances, such as the fact that the entire crime of this case is recognized and is against the law

However, the crime of this case was committed by the defendant against the victim F in a total of 670 million won against the victim F and acquired only 6710 million won against the victim J, and the crime was committed repeatedly and the amount of damage is also reasonable.

In addition, the defendant does not seem to have made a serious effort to recover damage up to now, and the victims also want to punish the defendant as they did not pay damages.

In light of these circumstances, in full view of all the sentencing conditions as shown in the arguments in the instant case, including the Defendant’s age, sex, environment, motive and background of the crime, and the scope of the recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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