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(영문) 대구지방법원 2014.10.31 2014노913
유사수신행위의규제에관한법률위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The main points of the grounds for appeal are as follows: each punishment (eight months of imprisonment and two years of suspended execution) declared by the court below to the Defendants are too unfford and unfair.

2. The crime of violating the Act on the Regulation of Conducting Fund-Raising Business without Permission was committed in violation of the Act. Although there is a great need for severe punishment due to social harm, such as causing confusion to the financial transaction order, massing a large number of victims, and leaving victims into serious economic difficulties, the total amount of damage caused by each of the crimes in this case reaches approximately KRW 5 billion, certain victims wanting to punish the Defendants. Defendants A, and E have a history of having been punished once for the same crime (one time of fine). Defendants B, D, and F did not know of the fact that they committed each of the crimes in this case without being aware of the fact that they committed one time (one time of suspended execution of punishment) and without being aware of the fact that they committed each of the crimes in this case, they agreed with some victims in criminal cases of H and K, and that there is no reason to view the Defendants’ motive to have invested in the crime in this case from the lower court to some extent that they did not reach an agreement with the victims, and there is no reason to view that they did not appear to have any other reasons for the Defendants’ motive to have been committed the crime.

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

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