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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구고등법원 2017.04.27 2016노564
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

In light of the various sentencing conditions in this case, the sentence imposed by the court below (four years of imprisonment) is too unreasonable.

Judgment

Examining the various sentencing conditions of the instant case, the following circumstances are favorable to the Defendant: (a) the Defendant appears to be fully aware of and reflect against each of the instant crimes; (b) the husband engaged in insurance business to maintain his livelihood after the death of her husband; (c) the Defendant committed the instant crime because there are many debts; (d) the agreement with some victims; and (e) the actual amount of damages is about 1/4 when deducting the investment funds, profits, etc. returned from the total amount of the instant fraud; and (e) the Defendant is the first offender who has no record of criminal punishment.

On the other hand, each of the crimes of this case was committed as if the defendant was the Seoul Guarantee Insurance Daegu C agency leader, and was committed by deceiving victims by deceiving them to pay a high amount of profit when making a substitute investment in G fire insurance, or by lending real estate purchase funds, and by forging the insurance subscription certificate in the process, each of the crimes of this case is committed not only 12 victims but also 2.1 billion won in a short period of time. In that the crime of this case was committed by using the active means of deception, which is the forgery of the insurance subscription certificate, not only in that the crime is very poor, but also in that the crime was committed during the short period of time, the fact that there is a heavy amount of crime, and there was no particular compensation for actual damage, and that a considerable number of victims want to be punished by the defendant, which is disadvantageous to the defendant.

As above, comprehensively taking into account all of the sentencing factors favorable or unfavorable to the defendant, such as the age, sex, criminal conduct and environment, family relationship, motive and background of the crime, method of the crime, circumstances before and after the crime, etc., and all of the sentencing conditions stated in the records and arguments in this case, and the lower court shall take into account such sentencing conditions.

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