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(영문) 광주지방법원 2015.11.19 2015노2517
사기등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (two years of imprisonment) is too unreasonable.

Judgment

The fact that the defendant repents and reflects his mistake, that the above victim does not want to be punished against the defendant, that the victim returned approximately KRW 173 million to the victims, that the victims are responsible for the expansion of the damage of this case, that is the most favorable situation where the victims and their families should be supported.

However, the crime of this case is committed by acquiring approximately KRW 680 million in total from a large number of victims under the pretext of money invested or borrowed, and it is not good to the nature of the crime in light of the Criminal Procedure Act and the amount of damage. The defendant has been punished for the same crime; the defendant has a record of being punished for the same crime; the defendant has escaped during the investigation; the defendant has delayed investigation for a considerable period of time; the defendant has already been in favor of the defendant; the court below seems to have taken into account the circumstances favorable to the defendant; the court below's agreement with the victim N is difficult to see that the court below reduced the sentence of this case. Other factors such as the defendant's age, character and nature, environment, background and result of the crime of this case, and the scope of guidelines for sentencing established by the Sentencing Commission for the crime of this case (not less than 2 years) [the scope of recommendations] under general types 3 (not less than 500 million won, 500 billion won or more, or where the defendant has not set the guidelines for sentencing guidelines for a large number of damage to the victim or a more than 1 year 6 years.].

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