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(영문) 서울고등법원 2016.05.04 2016노558
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 and four years of suspended sentence) is too unreasonable.

2. The judgment of the Defendant is a favorable circumstance to the Defendant, such as the fact that the Defendant recognized the entire crime, and the victim L, Y, and Z only agreed with the original victim, and the fact that the said victims want to find the Defendant’s wife.

However, the crime of this case was committed three times by the defendant by deceiving the victims a total of KRW 52,9250,000,000 from the victims, and by forging and exercising the document under the name of another person, and there is considerable amount of damage and there has not yet been some damage repayment.

The defendant has been punished as a crime of fraud twice, and even though he had the record of being punished once for the crime of forging and committing a private document, he again committed the crime of this case.

These points are disadvantageous to the defendant.

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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