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(영문) 수원고등법원 2019.10.17 2019노196
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the court below is too unreasonable.

2. The judgment was rendered on October 4, 2018 after the Seoul High Court sentenced to two years from May 9, 2019 to imprisonment for violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and became final and conclusive on December 22, 2015, such as the following: (a) the Defendant’s confession of the instant crime; (b) the amount equivalent to KRW 1 billion was returned to the issuer; (c) the victim was partially responsible for the occurrence of the instant crime; (d) the Defendant was sentenced to eight months from the Suwon District Court to imprisonment for fraud; and (e) the Defendant was sentenced to two years from December 17, 2019 to imprisonment for violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud); and (e) the judgment was made on May 17, 2019; and (e) the instant crime ought to be considered at the same time in relation to a concurrent crime with the latter part of Article 37 of the Criminal Act in favor of the Defendant.

However, as the Defendant, as if he were to pay a discount of an electronic bill at a discount of the electronic bill, the crime is not good in light of the method of crime or the amount of damage, etc. by deceiving the victim, and the Defendant had the record of criminal punishment several times due to the same crime, and the Defendant did not submit new sentencing data in this court, so there is no change in the conditions of sentencing compared with the original judgment, and the sentencing of the lower court cannot be deemed to have been exceeded the reasonable scope of discretion, and considering other conditions of sentencing in the trial process of the instant case, it cannot be deemed that the lower court’s punishment is too unreasonable.

3. Conclusion

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