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(영문) 서울고등법원 2017.10.26 2017노2216
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The Defendant had reached an appellate trial and submitted to this court a written agreement containing his intention not to punish the victim under the agreement with the victim AJ (amount of KRW 11 million).

However, the total amount obtained by the defendant was KRW 1.398 billion, and the amount which was not agreed in the court below was KRW 54 billion, but was KRW 894 billion.

In addition, there is no particular difference between the sentencing conditions and those of the court below because new sentencing data has not been submitted in the appellate court.

Comprehensively taking into account all the sentencing factors revealed at the trial of this case, the lower court’s punishment is excessively heavy to the extent that the lower court’s reasonable discretion was exceeded, taking into account some additional agreements in the appellate court.

It does not seem that it does not appear.

Therefore, this part of the defendant's argument is without merit.

3. The defendant's appeal is dismissed on the ground that the conclusion is without merit.

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