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(영문) 서울고등법원 2017.08.09 2017노1217
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (unfair sentencing) of the lower court’s sentence against the Defendant is too unreasonable.

2. The judgment of the accused is the first offender who has no criminal history, and the victim was unable to deliver some of the goods stipulated in the supply contract, and the actual amount of damage is less than the amount of damage indicated in the facts charged, and the fact that the accused returned to the Republic of Korea and voluntarily surrenders to the country on September 5, 2002 is less than the amount of damage indicated in the facts charged.

On the other hand, the crime of this case was committed by the Defendant, as it was difficult for the Defendant to pay the price of supply to the victim due to aggravation of the company’s financial condition and because it was difficult for him to pay the previous debts, and was supplied with large amount of goods to the customer and used

The amount of damage caused by the Defendant’s fraudulent act is equivalent to KRW 1.455 billion (see, e.g., Supreme Court Decision 2006Da1440, Apr. 2, 201).

The defendant has used part of the money acquired by deceit as his own escape fund, and has not made any effort to recover damage even after he has returned to Korea.

These circumstances are disadvantageous to the defendant.

In full view of these circumstances and other factors of sentencing, including the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing, the defendant's age, sex, state of health, environment, and circumstances after the crime, it does not seem that the sentence imposed by the court below is too unreasonable.

3. Accordingly, the defendant's appeal is dismissed on the ground that it is not reasonable.

However, the lower court’s judgment’s second 16th 16th tier “1,393,700,000 won” is apparent that it is a clerical error in the “1,393,700,000 won.”

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