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(영문) 서울고등법원 2015.12.18 2015노658
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals by the Defendants are dismissed.

An applicant for compensation shall be dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (Defendant A: Imprisonment with prison labor for each of the crimes Nos. 1 and 2 as indicated in the holding of the lower court and No. 3 as indicated in the judgment of the lower court; two years for each crime No. 30 as indicated in the judgment of the lower court; imprisonment for two months for each crime No. 30 as indicated in the third as indicated in the judgment of the lower court; and fine No. 50 million won for each crime) is too unreasonable.

Judgment

The instant crime was committed by Defendant A by deceiving the sales amount, etc. of Defendant B Co., Ltd. (hereinafter “B”), thereby deceiving the victims with the total amount of KRW 1.552 million, and further, Defendant A, while working as the representative director of Defendant B, was affiliated with the Defendant B, thereby exporting the total amount of KRW 1.180 million via 30 times in Korea.

Although Defendant A confessions all of the crimes and reflects them, there are circumstances to be considered favorable to the Defendants, such as the fact that Defendant A is not subject to a sentence, and that the victim I agreed with the victim I.

However, although Defendant A’s damage amount due to Defendant A’s instant fraud reaches KRW 80 million in the victim F, and KRW 252 million in the victim I, among them, the victim F was paid KRW 30,450,000 in the first instance of the above damage amount of KRW 80,000 in the victim amount, and even though most of the damage has not yet been recovered, the victim F wanted to be punished by Defendant A in the trial.

In the case of the Defendants’ crime of violation of the Foreign Trade Act, the Defendants had the history of criminal punishment to suspend the execution of imprisonment for the same crime. Most of the crimes of this case were committed during the criminal trial, and some of them were committed during the period of suspension of execution.

Considering these circumstances, it is necessary to strictly punish the Defendants.

The above conditions of sentencing favorable or unfavorable to the above Defendants, and all the arguments in the instant case, such as Defendant A’s age, character and conduct, family environment, and circumstances after the crime.

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