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(영문) 광주고등법원 2017.12.21 2017노439
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the punishment of the court below is too unreasonable, and the prosecutor asserts that the sentence of the court below is too uneasible and unfair.

2. The crime is not good in light of the content of the crime of gambling, after the Defendant, who is an employee of a financial institution to determine the reasons for appeal, embezzled the company’s funds acquired or kept in business in order to use them as illegal sports gambling funds, etc.

The amount of damage has reached approximately KRW 1.2 billion due to the continuous crime committed for about one year, and did not receive a letter from the victimized company.

Such circumstances are disadvantageous to the defendant.

However, it is reasonable to consider for the defendant that the defendant reflects his mistake, repents in depth, and does not have any particular criminal record except a fine due to drinking driving, and his family and supporters appeal his wife against the defendant.

In full view of such circumstances and the Defendant’s age, sex, environment, health status, family relationship, motive for committing an offense, circumstances after committing an offense, etc., it is difficult to view that the lower court’s punishment is too heavy or unfasible and is beyond the reasonable scope of discretion.

We do not accept the argument of the defendant and the prosecutor that the court below's sentencing is unfair.

3. Conclusion, the appeal filed by the Defendant and the prosecutor is dismissed on the grounds that all of the appeals by the Defendant and the prosecutor are without merit (Provided, That the appeal by each similar act is dismissed in accordance with Article 25(1) of the Regulations on Criminal Procedure, since the “the use of a similar act, each one’s imprisonment option” as a whole is erroneous, i.e., “the use of a similar act, gambling, and choice of imprisonment.”

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