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(영문) 서울중앙지방법원 2015.07.09 2015노1308
유사수신행위의규제에관한법률위반등
Text

The judgment of the court below is reversed.

1. Defendant A shall be punished by imprisonment for six months.

2. Defendant C is punished.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendants (the defendant A: imprisonment of 8 months, the defendant C: imprisonment of 6 months and the suspension of execution of 2 years) is too unreasonable.

2. In full view of the following circumstances as to the grounds for appeal and all other sentencing circumstances, including the Defendants’ age, character and conduct, family relation, motive, means and consequence of the crime, and the circumstances after the crime, each sentence imposed by the lower court to the Defendants is too unreasonable.

Defendants show the form of reflection.

Among the victims of the instant fraud and investors of the instant fraud, F and I expressed their intention that they do not want to be punished by Defendant A.

The sum of the amounts obtained by deceit of this case is 39 million won.

Defendant

A The equity should be taken into account when each of the crimes in this case was tried together with the first head of the judgment of the court below.

Defendant

C With the exception of the minor criminal records of fines twice, there is no criminal records other than other criminal records and other criminal records of the same kind.

3. The lower judgment is reversed under Article 364(6) of the Criminal Procedure Act, on the grounds that the Defendants’ assertion of unfair sentencing is with merit, and the following decision is rendered after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Regulation of Conducting Fund-Raising Business without Permission, and Defendant A: Articles 6 (1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission, Article 30 of the Criminal Act (a point of conduct of fund-raising business without permission), Article 347 (1) (a point of fraud) of the Criminal Act (a point of fraud): Articles 6 (1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission, and

1. Defendant A who choose the penalty: Defendant C who choose the penalty: The choice of a fine;

1. Defendant A who handles concurrent crimes: the latter part of Article 37 of the Criminal Act and Article 39 of the Criminal Act.

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