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(영문) 부산지방법원 2013.09.05 2013노1431
유사수신행위의규제에관한법률위반
Text

The Defendants’ appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of five million won) on the gist of the grounds of appeal is too unreasonable.

2. The judgment below is reasonable in light of the following circumstances: (a) the act of receiving money, such as the crime of this case, or the act of receiving money, or the act of using a multi-level marketing organization, which causes confusion in the financial transaction order; (b) multiple victims are in a short period of time due to a large amount of strike; and (c) the amount of money received without delay due to the crime of this case is large amount of money received (as for the defendant E, approximately KRW 5.2 billion; and (d) the defendant C, about KRW 5.5 million); (c) the defendants are in charge of the position of the head of the branch office (the defendant C) or the auditor (the defendant E) in the multi-level marketing organization of this case; (d) the defendant E has a history of being punished for several other crimes; and (e) the defendant C has the motive and background of the crime of this case; (e) the circumstances after the crime of this case; and (e) the records and arguments on the records and arguments of this case.

3. In conclusion, the defendants' appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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