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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. On June 2013, the lower court found the Defendant guilty of the remainder of the facts charged, on the following grounds: (a) the part concerning the fraud of KRW 10,00,000 of the office fee for the two-month office fee against the victim V [the part concerning the crime list (1) 7-2 of the facts charged in the case 2016 Gohap343] among the facts charged in the instant case; (b) the lower court acquitted the Defendant of the facts charged; and (c) did not appeal the part concerning the conviction
In such a case, the portion of innocence as well as the portion of acquittal on the grounds of indivisible principle is brought to the trial court. However, since the part of innocence was already excluded from the object of attack and defense between the parties, it cannot be judged again by the court (see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010). Therefore, the conclusion of the judgment of the court below as to the portion of innocence on the grounds above shall be followed, and this court shall not decide separately.
2. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (four years of imprisonment) is too unreasonable.
3. The crime of this case was committed on the basis of the Defendant’s systematic, continuous operation of the investment office, there is no possibility of realizing the amount from the victims, and the victims received investment in the form of a similar receiving business by guaranteeing high profits. In light of the method, period, frequency, number of victims, and the degree of damage, etc. of the crime, the nature of the crime and the circumstances are not less strict, and it is not easy to recover damages to the victims up to now. In addition to punishment imposed by the Defendant for a violation of the Act on the Regulation of Similar Receiving Acts, there are many criminal records such as punishment and suspension of execution due to violence, interference with the execution of official duties, interference with smuggling, misstatement of the passport, defect of the passport, interference with the execution of official duties, etc.