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(영문) 광주고등법원 (제주) 2018.02.07 2017노78
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below's punishment (three years) is too unreasonable in light of the fact that the defendant voluntarily surrendered to an investigative agency on the criminal facts of this case, and that part of the victims have no substantial damage, that the defendant actually performed performance planning duties, that the victims who attempted to obtain high interest rates are also responsible for the occurrence of crimes and the expansion of damage, that there was no concealment of criminal proceeds, that most of the money acquired is used to repay to the existing creditors, that part of the victims have reached an agreement, and that the defendant's environment and criminal record relations have been committed, etc.

B. In light of the fact that the number of victims by the prosecutor is large and the amount of damage is very large, most of the damage is not recovered properly, and the balance between sentencing cases in the same and similar cases, etc., the lower court’s punishment is too uneasible and unreasonable.

2. The judgment on the grounds of appeal is based on the case where the defendant acquired a large amount of money from many victims without the intention or ability to perform his/her duties under the pretext of preparing for performance or holding events, etc., and the nature of the crime is not easy and the degree of damage is very important.

The Defendant did not agree with most victims until now, and substantial damages have not yet been recovered.

Considering these circumstances, the defendant cannot be held liable for severe criminal liability.

However, on the other hand, most of the money acquired by the defendant is used to repay the debt to other victims, and the actual amount of damage is less than the amount of fraud of the crime of this case, and the victims do not want punishment for the defendant when some of the victims agree, and the defendant recognized all the facts of the crime and opposed to the mistake.

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