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(영문) 서울고등법원 2015.10.16 2015노1812
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal by the defendant is unreasonable because each punishment (the imprisonment of one year and six months in the original judgment, and the imprisonment of the second instance court five months in the original judgment) declared by the court below is too unreasonable.

2. Determination:

A. Article 1 and 2 of the judgment of the court below on the defendant's ex officio judgment following the consolidation of cases were separately sentenced to the judgment of the court below, and the defendant filed an appeal against the judgment of the court of first and second, and this court decided to hold a joint hearing on each appeal case. Since the defendant had a previous record of criminal facts in the judgment of the court of first instance, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the judgment of the court of first and the crime of fraud in the judgment of the court of first and the latter part of

The following is to examine the Defendant’s assertion of unreasonable sentencing on each of the lower judgment.

B. The Defendant’s judgment on the allegation of unfair sentencing as to the judgment of the court of first instance does not mean that the crime of this case, which acquired a total of KRW 775 million from the victims, is less severe, and only partially repaid to the victims as principal and interest, and the damage has not been recovered.

However, in light of the following: (a) the Defendant was committed at the time of and in depth against the instant crime; (b) the victims do not want the punishment of the Defendant by mutual consent with the victims; and (c) each crime of the judgment of the first instance in the judgment of the lower court is in the relation of a concurrent crime under the latter part of Article 37 of the Criminal Act with the crime of fraud for which the judgment has already become final and conclusive; and (d) the equity with the case to be judged at the same time should be taken into account; and (e) all the sentencing conditions specified in the records

I would like to say.

B. The Defendant’s judgment on the allegation of unfair sentencing regarding the judgment of the second instance.

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