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(영문) 수원지방법원 2018.02.09 2017노6109
방문판매등에관한법률위반방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (two years of imprisonment, four years of suspended execution) is too unhued and unreasonable.

2. In light of the above circumstances, the Defendant’s age, sex, motive for the crime, frequency of the crime, method of crime, circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable, considering the following circumstances: (a) the instant crime was committed under the circumstances: (b) the confession of the crime; (c) the confession of the crime; (d) the confession of the crime was committed; and (e) there was no record of punishment other than once a fine; (d) the detention of the Defendant was committed for more than two months; and (e) the fact that the commission of the multi-level enterprise operator, etc. was committed by aiding and abetting the act of the multi-level enterprise; and (e) the degree of his participation was not much more severe; and (e) the receipt of investment funds from many unspecified investors by selling virtual currency that does not substantially guarantee any value by using a multi-level similar organization; and (e) the Defendant still has considerable amount of damage to investors.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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