특정경제범죄가중처벌등에관한법률위반(사기)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (three years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.
2. Determination
A. The amount of damage to the crime of this case exceeds KRW 140 billion and the damage caused a great harm to society as a whole by expanding the amount of the damage to the family and society.
The victims have not been able to recover from damage, and the possibility of damage recovery in the future is also rare.
In particular, the Defendant took part in the act of fund-raising through K, after the investigation into K began, participated in the contact with the former K investors during the process of the establishment of G, and thereafter participated in the business explanation of G, investment recommendation, and investment management as the head of the general branch office in the position of the head of the general branch office in the process of operation of G, and participated in the formation of G’s will.
[This part of the evidence duly adopted and examined by the court below, such as the statement of accomplices, is recognized that the defendant served as the president of G as the president of G as the general branch office, although the defendant was granted the position of the president of the general branch office under his name, he did not grant authority and responsibility suitable for his position, and in fact, he belonged to the first branch office (P) and thus, this part of the judgment should be taken into account in sentencing. However, according to the evidence duly adopted and examined by the court below, as seen earlier, such as the statement of accomplices in the investigation agency, etc., the defendant does not accept this part of the defendant's assertion. Further, upon the commencement of the investigation of this case
All of the circumstances examined above are the circumstances unfavorable to the defendant.
B. Meanwhile, a considerable portion of the amount calculated as the amount of damage from the crime of this case is preserved with dividends, direct sales allowances, incentives, etc., and the actual amount of damage is less than that.