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(영문) 대구지방법원 2017.12.08 2017노1018
도박공간개설등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of one year, two years of suspended execution, observation of protection, and community service of 240 hours) is deemed to be too uneasible and unfair.

2. The act of establishing and operating a financial investment instrument market without permission is at the same time promoting speculation by granting the same result as participating in investment transactions on a condition less relaxed than the trading conditions of the Exchange permitted by many and unspecified investors, and it is an act of causing serious social harm, such as the fairness, transparency, and reliability of the capital market, undermining the acquisition of large illegal profits, undermining the fairness, transparency, and credibility of the capital market, undermining the acquisition of tax evasion, etc., and undermining the risk of causing enormous damage to investors if normal settlement is not achieved in the course of the transaction, and undermining the risk of causing enormous damage to investors, under the circumstances that the defendant and his accomplice committed the above crime systematically and systematically, and under the management period, the amount of the above crime was committed, and under the short of the operating period, the defendant committed the above crime. The defendant transferred or taken over 14 approaching media during the above crime, and prevented the defendant from committing the crime of concealing criminal proceeds, and the defendant committed the same criminal history as the crime related to the violation of the Electronic Financial Transactions Act.

However, the Defendant’s confession of each of the crimes of this case, which reflects the Defendant’s mistake, the Defendant did not have any criminal record exceeding the fine, the Defendant appears to have actively cooperated in the investigation, and the operation of the futures trading site appears to have been carried out only, the Defendant’s family and branch, the Defendant complaining of the Defendant’s wife, and the Defendant’s equity in sentencing between favorable circumstances, such as the fact that the Defendant’s family and branch are not good health conditions and is under the circumstances of supporting the Defendant, and other favorable circumstances, such as the Defendant’s age, sexual behavior, environment, motive and background leading to the instant crime, its means, and result.

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