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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2015.04.03 2014노3043
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. The Defendant’s defense counsel stated in the appellate brief dated November 13, 2014 that the mistake of facts was also stated in the appellate brief, but the Defendant withdrawn the allegation of mistake on the third trial date.

The sentence of the court below against the defendant (six years of imprisonment) is too unreasonable.

2. Each of the instant crimes committed by the Defendant was sentenced to punishment of ten months of imprisonment and two years of suspended execution due to a crime similar to the instant case, and the Defendant continued to commit each of the instant crimes even during the period of suspended execution after the trial or the judgment became final and conclusive, the Defendant F and E wanted to be punished for the Defendant, and the victims’ damage was not recovered, by taking account of the circumstances unfavorable to the Defendant, in such a way that it was necessary to repay some of the interest or dividends in the form of so-called “facing” by receiving money from the victims in return for money, or by obtaining more money to recover the investment money, or by taking account of the fact that it is necessary to recover the investment money.

However, when the defendant was found to have committed each of the crimes in this case, the defendant had been able to reflect his wrongs while making a confession of all of the crimes in this case. The defendant returned some money to the victims under the name of interest, etc., and appears to have been a total of KRW 933,00,000,000,000, which is less than the amount of the acquired money that the victims found guilty, and the victims are able to receive interest or dividends at a short period of time, and have contributed to the occurrence or expansion of damage by making a decision on lending or investment to the defendant. The defendant continues to perform medication after receiving the diagnosis of the brain thale type which is a kind of brain species.

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