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(영문) 서울중앙지방법원 2018.05.03 2017노4604
유사수신행위의규제에관한법률위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the reasons for appeal (unfair sentencing) by the court below, the defendant asserts that the defendant is too unafford and unfair, and that the prosecutor is too unafford and unfair.

2. We also examine the grounds for appeal regarding unjust sentencing by the defendant and prosecutor.

The crime of this case is not a crime liability in light of the influence of the method of crime and society by inducing investors without notifying the fact that the crime of this case does not lead to any particular profits, and paying senior investors earnings with the investment funds of the priority investors.

The Defendant is highly likely to commit the instant crime during the repeated crime period due to the same type of fraud.

The victim did not agree with the victim or did not recover the damage.

Such circumstances are disadvantageous to the defendant.

However, the defendants recognize all crimes, and repent the errors.

8.10,000 won was paid to the victim in return for investment in 2 million won.

It is necessary to consider equity in the case of a judgment at the same time with a crime of fraud (Pronouncement: October 27, 2017) finalized on October 27, 2017 as the judgment of the lower court ( particularly, the crime of fraud, in which the judgment has become final and conclusive, refers to the Defendant’s act of deceiving victims in the same manner while operating the similar recipient company of this case). Such circumstances are favorable to the Defendant.

In addition, comprehensively taking into account the Defendant’s age, career, sex, environment, health condition, motive and circumstance of a crime, etc., the sentence of the lower court is deemed reasonable to have been made within the scope of the court’s sentencing discretion, and it cannot be said that the sentence of the lower court is too heavy or unfeasible.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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