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(영문) 수원지방법원 2017.05.11 2017노1674
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal by the defense counsel (unfair sentencing) recognizes and reflects the Defendant’s mistake; and (b) the degree of participation in the commission of the crime is relatively minor and the benefit acquired is not much much much, the lower court’s sentence that sentenced two and half years to imprisonment is too unreasonable.

2. The Defendant, as the team leader of the “C”, was in charge of receiving investment money and was the top-tier business operator of the “C” and was in charge of receiving investment money. The degree of participation in the crime is not easy. The act of receiving similar money is considerably harmful to society, such as causing confusion to financial transaction order and spreading a large number of victims due to their rapid power; the amount of the similar money in this case reaches approximately KRW 11.2 billion and the victim reaches about KRW 650; the Defendant was sentenced to one year suspension of execution from the Busan District Court on November 7, 2013 to the violation of the Act on the Regulation of Fraud and Similar Receiving Acts; and the above judgment became final and conclusive on February 28, 2014; the Defendant committed most of the crimes in this case during the suspension of execution; the Defendant’s criminal punishment and suspended indictment for the same crime; the Defendant did not properly recover from damage to the trial; the Defendant’s motive and circumstances leading up to the crime in this case’s appeal are not sufficiently reflected in the circumstances.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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