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(영문) 서울고등법원 2013.10.10 2013노2214
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., two years of imprisonment) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant recognized his mistake and reflects his depth, that the Defendant paid a considerable amount of money under the pretext of principal and interest to the victim during the crime committed before the Defendant was committed, and that the Defendant was an initial offender who had no record of criminal punishment previously committed, etc.

However, on the other hand, the crime of this case, on the other hand, is a case in which the defendant deceptions that he would purchase merchandise coupons or lend money to the victim to pay interest or benefits at a high rate, and obtained merchandise coupons and money in an amount equivalent to KRW 1.1 billion in total over one year, and the crime of this case is a large amount of damage, and the defendant did not agree with the victim up to the trial. The defendant continued to be punished by the victim, and the victim was punished by imprisonment with prison labor for more than three years. In the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the crime of this case, the punishment of this case is sentenced to imprisonment with prison labor for more than three years. The two years sentenced by the court below seems to have been determined within the scope of the punishment mitigated by considering the above various circumstances, there is no change of circumstances that could differ from the punishment of the defendant at the trial of the court below, and there is no reason to view that the defendant's character and behavior, environment, motive and circumstance of the crime, method and result of the crime, etc.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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