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(영문) 대구고등법원 2016.06.09 2016노105

특정경제범죄가중처벌등에관한법률위반(사기)등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the court below is too unreasonable because the sentence imposed by the defendant is too unreasonable (the defendant argued to the effect that he is guilty while filing an appeal, but this was withdrawn on the date of the first trial of the court below). 2. The crime of this case is a case where the defendant conspireds with D, G, or a similar receiving act in collusion with or in collusion with other persons, may obtain a large amount of profit through a futures trading, and it is very poor that the crime is committed.

Since the crime of fraud by the act of receiving similar money was committed in a short period, the number of victims were fluent and the amount of damage was very large, it has great harm to the society as a whole by harming the sound economic activities foundation of our society and distorted market economy order. In fact, multiple victims were fluent due to the crime of this case and the amount of damage was large.

Nevertheless, it seems that the recovery of damage caused by the crime of this case has not been considerably implemented until now.

The defendant committed the crime with the above accomplice and committed the crime independently based on his experience, and the defendant escaped for a long time after the prosecution was instituted.

On the other hand, the Defendant made a confession of all the crimes of this case against the mistake.

It seems that the defendant did not lead the criminal act with accomplices.

The defendant has no record of punishment so far, and the family and branch members of the defendant want to leave the defendant's wife.

In addition to these circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the crime, degree and role of participation in the crime of this case, G’s punishment and equity D is pending in the Daegu District Court Branch Decision 2013 Highest 68.

In full view of all circumstances that are conditions for sentencing, the sentence imposed by the court below on the defendant is just.