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(영문) 서울고등법원 2019.05.24 2019노371

특정경제범죄가중처벌등에관한법률위반(사기)등

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The prosecutor's appeal is dismissed.

All applications for compensation filed by B, D, J, C, G, I, F, H and E are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced to the defendant is too uneasible and unfair.

2. The Defendant, who is a member of N.N., and Q Research Institute (hereinafter “ Q Research Institute”) as the representative of the instant research institute, raises a high profit by investing shares in a venture business, etc. according to the N. N.’s guidance against one of the believers or his/her neighbors.

As the investment would bring about high interest or profit, the sum of 2.9 billion won was obtained from the nine victims in total.

The fact that the defendant abused the status as a church pastor, the faith of the believers, etc., and the trust of the defendant as a means of crime, and that the defrauded was also a large amount of money exceeding KRW 2.9 billion, and that the victims did not recover the amount of each damage, etc. are disadvantageous to the defendant.

However, each of the instant crimes should be punished in consideration of equity with the case where the judgment becomes final and conclusive. The Defendant was sentenced to six years of imprisonment with labor at the Seoul Central District Court on August 10, 2017 and the judgment was final and conclusive on March 29, 2018 with respect to the act of receiving investment funds of approximately KRW 3.2 billion in total from the church believers through the instant research institute on December 18, 2018, and the judgment became final and conclusive on February 15, 2019 after being sentenced to six years of imprisonment with labor at the Seoul Central District Court on August 10, 2017.

Each of the crimes of this case is a crime committed in the same way during the same period as the case in which the victim is different or the judgment becomes final, and the sum of the amounts obtained by deceit of each of the crimes of this case and each of the crimes of this case is about KRW 8.1 billion, and the sentencing guidelines are set in the case where the above three cases are charged at once.