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(영문) 대구지방법원 2018.06.01 2018노460

유사수신행위의규제에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. Determination is a favorable condition that the Defendant recognized the instant crime and reflects his mistake, the benefits acquired by the Defendant appears to be gross, and the Defendant’s old and economic conditions are not good.

On the other hand, the crime of this case is committed by the defendant as the head of the Daegu flood branch of a similar receiving organization and received money in the name of the investment fund. It is not good for the crime to be committed. Such similar receiving act is a highly harmful crime such as disturbing sound financial order, and therefore, it is necessary to severely punish many victims, and the actual investors suffer losses not to recover the investment fund due to the crime of this case.

In full view of the above circumstances and the facts that there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the lower judgment, and all of the sentencing factors in the pleadings of the instant case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, etc., the sentence imposed by the lower court is too unreasonable since the sentence imposed by the Defendant is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.