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(영문) 청주지방법원 2014.06.13 2014노26
사기등
Text

The judgment below

Among them, the part against Defendant A (excluding the part dismissing an application for compensation order) shall be reversed.

Defendant

A.

Reasons

1. The fact that the defendant was punished for the same kind of crime. The crime of this case was committed by the defendant A, as the Chairperson of F Co., Ltd., in the position of about 588 times over 402 investors, taking overall charge of the act of receiving more than 3.1 billion won from the juvenile training center and the act of selling the village of returning to rural communities to rural communities for about 5.1 billion won, and that it is not good to commit the crime by deceiving the victims to pay the proceeds even though the business was not properly being carried out in connection with this, and it is not proper to commit the crime. The act of receiving the same money or the transaction using the multi-level marketing organization for a short period of time causes confusion in financial transaction order and causes confusion to a large number of victims, and there is a need to impose severe punishment, the amount of damage caused by the crime of this case is considerably significant, and there is still no agreement between the victims and the defendant to the extent that the victims and the victims are not sufficiently reached.

However, the fact that Defendant A recognized all of the crimes of this case, and the amount of approximately KRW 1.7 billion out of the above KRW 3.1 billion, appears to have been returned to the victims under the pretext of dividends, etc., and up to the time of the original trial, the victims seek a preference against the Defendant by mutual agreement with many victims, and the fact that some victims have reached an additional agreement with the victims is favorable to the Defendant.

Therefore, in light of the above circumstances together with the various sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the lower court’s imprisonment (three years of imprisonment) is deemed to be too unreasonable.

2. Conclusion, Defendant A-A-.

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