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(영문) 서울고등법원 2018.05.17 2018노28
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

Reasons

On January 22, 2018, the summary of the defendant's appeal reasons: The defendant alleged that he/she was guilty of facts as the reason for his/her appeal, but he/she rejected this on the first trial date ( April 5, 2018).

The punishment sentenced by the court below (three years and six months) is too unreasonable.

Judgment

Among each of the crimes of this case, the crime of the pulmonary tension fraud was committed by obtaining money from multiple victims under the name of the transfer price for the pulmonary tension by sharing an organizational and planned role among the accomplices, and it is not good that the crime is committed.

Among them, the defendant led the victim L in consultation and the conclusion of contract.

While the total amount of damage is 1.6 billion won, a substantial portion of the damage has not yet been recovered.

This is disadvantageous to the defendant.

However, with respect to the crime of pulmonary pressure fraud, the overall direction of the crime is shown to be H, and the defendant is relatively more likely to participate in the crime, such as taking charge of managing passbooks and funds except for the crime against victims L.

The actual profits acquired by the Defendant due to the instant crime do not seem to be relatively high compared to other accomplices.

On the other hand, the court below did not punish the above victims by mutual consent with L andW, and the victims did not have been punished against the defendants in the first instance. In addition, the above victims did not agree with the victim O and R excessive agreement.

There is no record of criminal punishment exceeding that of punishment for the same crime or fine.

In the past, the defendant has recognized all facts in the past, and repented the wrong facts.

These points are favorable to the defendant.

In addition, when comprehensively considering all factors of sentencing, such as the defendant's age, sex and environment, motive for the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too excessive.

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