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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원고등법원 2019.10.24 2019노158
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too uneased and unreasonable.

2. Prior to each of the crimes in this case, the defendant has been sentenced to the suspension of the execution of imprisonment for the same crime, the crime of forging public document, the crime of uttering of forged public document, or the crime of robbery, and the crime of aiding and abetting the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). The defendant has been sentenced on March 11, 2009 by Seoul High Court on September 5, 2009 and was sentenced on September 1, 2009 to the crime of aiding and abetting the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and committed each of the crimes in this case even though he was during the period of repeated offense after the execution of the sentence was completed on September 5, 2009. The fact that the amount acquired by the defendant exceeds 1.4 billion won, the defendant failed to compensate for damage to the victim

However, the defendant's recognition of each of the crimes of this case is against the defendant, the defendant was sentenced to imprisonment of one year and six months at the Busan District Court on April 19, 2013 and the judgment became final and conclusive on April 25, 2013. On December 5, 2014, the Seoul High Court sentenced nine years to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), etc. on February 26, 2015, and the judgment became final and conclusive on February 26, 2015. Each of the crimes of this case is the crime of this case, which was final and conclusive, and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the crime of violation of the Act on the Aggravated Punishment, etc.

In full view of the above circumstances and various circumstances, which are the conditions for sentencing as seen earlier, the lower court’s sentence against the Defendant cannot be deemed unfair, and thus, the Prosecutor’s assertion of unreasonable sentencing is without merit.

3.

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