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(영문) 부산지방법원 2014.06.20 2014노364

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since the sentence imposed by the court below (one year and six months of imprisonment, three years of suspended execution, etc.) is too unhued.

2. In light of the fact that the Defendant, without registering a credit business, received money in excess of KRW 1.5 billion from the victims under the name of investment, and did not pay the interest or principal agreed to operate so-called money in the form of return, and thereby, the Defendant used most of the investment money received from the victims in a place other than an investment place where the victims knew, such as investing in stocks or printing on sports discussions, and the amount of damage was expanded by operating it by means of return prevention, such as payment of interest to other victims, etc., it is necessary to strictly punish the Defendant.

However, in light of various circumstances, including the motive, background, degree of damage, Defendant’s age, character and conduct, environment, and family relations, the Defendant’s confessions each of the crimes of this case, the victim’s agreement with victims other than G andO, the rate of interest paid to the Defendant exceeds 100% per annum, and the victim G andO’s return of the interest received in the case of the victim G andO, the total amount corresponds to the sum of the amount paid to the Defendant, but there was no record of criminal punishment subject to a suspended sentence or more, but there was no record of criminal punishment subject to a suspended sentence or more, and other various circumstances, which are the conditions for sentencing specified in the records and arguments of this case, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.