(영문) 서울고등법원 2018.12.13 2018노2515 | 리걸엔진

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(영문) 서울고등법원 2018.12.13 2018노2515

특정경제범죄가중처벌등에관한법률위반(사기)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. The judgment below held that the defendant offered the factory machinery of the company that he operated as security.

In light of the contents of the crime and the amount of damage by forging a lease contract and an electronic bill, etc. to prove the ability to repay, the punishment for the defendant is heavy, in light of the content of the crime and the amount of the damage, such as deceiving money exceeding KRW 2 billion from the victims, and there is a criminal record of the same type of punishment, the victims have not yet agreed with the victims, and the victims have not yet agreed with the victims, taking into account the circumstances unfavorable to the defendant. ② The agreement on the borrowing of money between the defendant and the victims includes an interest agreement which exceeds the interest rate under the Interest Limitation Act from the beginning of the year, and there is room to regard some of the interest paid by the victims to be appropriated to the principal.

In full view of the factors and sentencing criteria as shown in the sentencing review process of the lower court, the lower court’s judgment exceeded the reasonable bounds of its discretion.

shall not be assessed.

B. There are no circumstances that the lower court is already taking into account the circumstances that the Defendant and the prosecutor claimed in this court’s sentencing in determining the Defendant’s punishment, and that the lower court’s maintenance of the lower court’s sentencing judgment is too heavy or unreasonable, even in full view of other materials taken place in the course of the sentencing hearing of this court.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

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