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(영문) 서울고등법원 2015.01.22 2014노3336
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 lower court (three years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The crime of this case is determined by taking advantage of the personal trust relationship of the defendant, by acquiring money exceeding KRW 700 million from four victims, and the nature of the crime is inferior in light of the contents of the crime, and the victims have not been recovered from damage to the victims. Since the victims want to be punished for severe punishment, it is inevitable to render a sentence corresponding to the liability for the crime against the defendant.

On the other hand, there are circumstances that can be taken into account, such as the fact that the defendant recognized all the crimes of this case and committed a mistake, and that there has been no record of being sentenced to punishment for the same kind of crime.

In this context, comprehensively taking account of various factors of sentencing, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s punishment is appropriate, and is not deemed unreasonable because it is too hot or hot.

The defendant and prosecutor's assertion are 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.

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