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(영문) 부산지방법원 2016.11.18 2016노833
사기등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since each sentence (the three years of suspended execution and the two years of probation and the 80 hours of social service in the two years of imprisonment and the two years of suspended execution in the one and half years of imprisonment) declared by the court below to the defendants are too uneasible.

2. The crime of this case was committed by the Defendants in collusion with G, L, M, etc., by deceiving 2,228 victims, by deceiving them a total of 58,864,96,780 won, and by receiving the above money from victims a total of 8,882 times under the pretext of investment money, and the crime was very poor in light of the law and contents of the crime. It is necessary to punish the defendants with severe social harm in that the act of fund-raising is a kind of financial fraud, which is often intended for a large number of unspecified victims in a short period of time. Considering the fact that the defendants committed the crime of this case, it is necessary to hold the defendants liable with severe liability corresponding thereto.

However, in full view of the following: (a) the Defendants led to the confession of all of the instant crimes and reflects on their depth; (b) the degree of participation in the instant crimes appears to be relatively significant; (c) the Defendants appears to have agreed with some of the damaged investors directly recruited; (d) Defendant A did not have any record of exceeding the suspension of execution; and (e) Defendant B did not have any record of crime; and (e) the Defendants’ respective ages, experience, character and conduct, character and conduct, environment, motive and background of the instant crimes, method and method of the crimes, as well as all of the sentencing conditions and methods as shown in the instant pleadings, such as the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, the prosecutor's defendants are the defendants.

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