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(영문) 광주고등법원 (전주) 2014.09.16 2013노278

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. It is unfair that the sentence of the lower court (five years of imprisonment with prison labor for each crime other than the crime No. 3-A-A-A-A-A-A-A-be in the original judgment, six months of imprisonment with prison labor for the crime and two years of suspended sentence) is too unreasonable.

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

2. We also examine each of the grounds for unfair sentencing by the Defendant and the prosecutor.

The crime of this case is committed by the defendant as the head of the Korea Coast Guard Office, the chief of the prosecution, the chief of the police newspaper, or a person who promotes a laundry project of the former president, etc., by deceiving victims by promising investment profits, and by inducing them to borrow a total of KRW 900 million from the victims, such as investment money, street funds, etc., and by using one million won cashier's checks in the process of receiving money and valuables or using 100,000 won cashier's checks under the pretext of solicitation in the process. In light of the details and methods of the crime, the number of crimes, the number of victims, the amount of fraud, and the amount of forged checks used, etc., the crime of this case has already been punished several times as a crime of fraud and the Attorney-at-Law Act, and even before the crime of this case has already been committed, the victims had been detained for a considerable period of suspension of execution after being sentenced to a suspended sentence due to fraud, and the remaining victims had been detained for a considerable period of time or more progress in the execution.

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