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(영문) 창원지방법원 2015.09.09 2015노1724
유사수신행위의규제에관한법률위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the court below (one year of imprisonment) is too unreasonable, and the prosecutor asserts that the punishment imposed by the court below is too uneasible and unfair.

2. We also examine the Defendant and the prosecutor’s allegation of unreasonable sentencing.

The circumstances favorable to the defendant include the confession and reflect of the defendant, the fact that the defendant wanted to leave the defendant's wife by agreement with the victims of the crime of fraud, and that the defendant seems to have recovered part of the damage to the victims.

Meanwhile, each of the crimes of this case is a situation unfavorable to the defendant, such as the fact that the defendant acquired a total of KRW 114,350,000 by fraud from the victims, and that the total of KRW 34,961,00,000 has been recruited as an act of fund-raising without delay, and that the crime is not good, and that the criminal liability is also very serious, and that the defendant committed each of the crimes of this case again while he was a repeated crime due to the same crime, even though he was a repeated crime due to the same kind of crime, and that the court below

Considering the above circumstances and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission (at least 10 months of imprisonment), and other factors of sentencing as shown in the records and arguments of this case, such as character and conduct of the accused, the environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and 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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