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(영문) 부산지방법원 2018.12.07 2018노3503
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is advantageous to the following: (a) the fact that the Defendant acknowledges all his/her own crimes and is against himself/herself; (b) the victim G, H, K, L, M and M do not want the Defendant’s punishment; (c) the amount repaid out of the damaged amount was merely 20 million won; and (d) the victims are expected to have profit from the short term and are partly responsible for the occurrence of the crime by investing the victims.

However, each of the crimes of this case is unfair because the defendant established C Co., Ltd. which carries on the electronic currency investment business and committed a high-rate investment profit to victims in a short time, and committed lockedly after making money, and in light of the criminal law and the circumstances after the crime, etc., the nature of the crime is bad, the amount of the fraud (total of KRW 314 million), the amount of the fraud (total of KRW 314 million) and the amount received similar money (total of KRW 250,2470,00), the defendant had the record of being subject to criminal punishment several times due to the same crime, as well as the fact that the defendant committed each of the crimes of this case without being aware of it during the period of repeated crime due to the same crime, the victims did not agree with some of the victims, and similar receiving acts are likely to cause serious harm and harm to individuals and society as a whole, such as serious damage to victims who can be within a short time.

The court below determined the punishment in consideration of all the above circumstances, and there is no change in the sentencing conditions that may be particularly considered in the trial.

In addition, the records and arguments of this case, such as the defendant's age, sex, environment, motive and circumstances of the crime, means and results of the crime, and the circumstances after the crime, are shown.

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