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(영문) 대구고등법원 2013.06.20 2013노147
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The Defendant did not have any criminal record other than those sentenced to a fine of KRW 700,00 as a result of a drunk driving crime in 2006.

The defendants recognize all of their crimes and repent their mistakes.

The defendant shall support the mother and wife, and two children of undergraduates.

Such circumstances are favorable to the defendant.

On the other hand, the crime of this case is a large amount of damage by acquiring money equivalent to KRW 5.723.8 million from 26 persons in total from 26 persons for up to six years by forging, altering, and uttering official documents and private documents by taking advantage of the status of public officials, and the nature of the crime is very bad.

Except as agreed with U (amount of damage KRW 50 million) among the victims of the instant fraud, the victims of the instant fraud did not agree with other victims, and they did not recover from damage.

In addition, even if the defendant deducts the amount of money equivalent to KRW 1.6 billion which the defendant lost by investing in stock and the amount of money equivalent to KRW 1.1 billion which the defendant claims that he/she paid to some victims, among KRW 5.72 billion which the defendant acquired by deceit, he/she seems to conceal money equivalent to KRW 3 billion.

Such circumstances are disadvantageous to the defendant.

In addition to this point, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the scope of recommended sentence according to sentencing guidelines, there is no special change of circumstances, and the scope of recommended sentence according to sentencing guidelines, it is not recognized that the sentence imposed by the court below is too somewhat somewhat

3. According to the conclusion, the appeal filed by the defendant and the prosecutor is all groundless, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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