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(영문) 창원지방법원 2016.09.22 2016노737
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. On the summary of the reasoning of the appeal, the defendant asserts that the defendant is too unfasible to the punishment of the original judgment (a prison term of three years and six months), and that the prosecutor is too unfasible and unfair.

2. We examine the judgment. The crime of this case is a case where the number of victims is about 1,300 persons due to the systematic multi-level fraud committed against ordinary people and the total amount of fraud reaches about 56.5 billion won, and the degree of defendant's participation in the crime is not less strict, such as direct participation in the investment presentation, and there is no agreement with the majority of victims, the defendant's escape for about 7 years to avoid punishment is an unfavorable sentencing ground. The defendant led to the confession of the crime, and the amount of actual damage is less than the amount of damage stated in the crime, considering the amount of the victims' re-investment, and the primary crime is a favorable sentencing ground.

In full view of the above sentencing factors, the sentence of the lower judgment is deemed to be appropriate, and the arguments of the Defendant and the Prosecutor are without merit, since it is determined that the sentence of the lower judgment is reasonable, in full view of all matters regarding the sentencing of the accomplices involved in the sentencing, the age, family relationship, economic situation, the background and motive leading to the crime, and other matters

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

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