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(영문) 광주고등법원 2019.08.27 2019노206
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

2. The crime of this case is very bad to commit the crime of this case by deceiving the victims and deceiving the victims a total of KRW 2.1 billion.

Only the amount obtained by deceit from victim E, which is 2 billion won, and has not yet been recovered from damage.

In addition, with respect to victims S, the above victims acquired money from the old room that the victim would recover from the damage caused by the defendant, and the victims did not recover the damage properly.

The above is the circumstances unfavorable to the defendant.

However, in this court, the defendant recognized all of the crimes of this case and divided wrong facts, and in the auction procedure for the land and building located in the land and building in the net city B owned by the defendant, about KRW 1.7 billion will be distributed to the victim E and the amount equivalent to the above dividends will be recovered later, and the defendant deposited to the victim S for repayment of KRW 30 million, and simultaneously with each crime recorded in the judgment that became final and conclusive, the fact that the defendant should consider the balance with the case where the judgment was rendered simultaneously is favorable to the defendant.

In addition, considering the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is somewhat unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court, 【The Facts constituting a crime and the summary of the evidence recognized by the court, the summary of the facts constituting a crime and the summary of the evidence,” in the part of 2018 Gohap-5.

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