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서울고등법원 2019.07.18 2019노1086

The defendant's appeal is dismissed.


1. The summary of the grounds for appeal (the defendant) is unreasonable because the sentence imposed by the court below (two years of imprisonment) is too unreasonable.

2. The gist of the instant crime was: (a) the Defendant did not have the intent or ability to engage in the business of purchasing ships even if he/she borrowed money from the victim B; (b) the Defendant deceiving the victim, who was an inmate in the detention house, to the effect that he/she would guarantee the principal and pay the proceeds if he/she invested in the said business; and (c) thereby, he/she acquired KRW 521,376,000 in total from August 25, 201 to December 30, 2016 from the victim, on a total of 648 occasions.

The defendant has committed the crime of this case by deceiving the victim while being detained and tried in a criminal offense.

The crime of this case, which appears in the above period, frequency of the crime, method of the crime, amount of damage, etc., cannot be deemed to be light.

The defendant has a number of criminal records, including the judgment of the suspension of the execution of imprisonment twice for fraud.

The above is the circumstances unfavorable to the defendant.

On the other hand, the Defendant committed the instant crime.

The victim expressed his intention that he does not want the punishment of the defendant, and the victim submitted his opinion that he wanted to take the action against the defendant to the court of the original trial during the continuation of the original trial.

At least 54 pages of the trial records are circumstances favorable to the defendant.

As above, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, social experience, home environment, circumstances after committing the crime, and the scope of the recommended sentence presented by the Supreme Court Sentencing Committee, the sentence imposed by the lower court (two years of imprisonment) cannot be deemed to be excessively unreasonable.

Defendant’s assertion cannot be accepted.

3. As the appeal by the defendant cannot be accepted, Article 364 (4) of the Criminal Procedure Act is not applicable.