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(영문) 부산지방법원 2013.07.04 2013노1189
유사수신행위의규제에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. In light of the fact that the act of fund-raising, such as the crime of this case, like the crime of this case, is likely to inflict significant damage on an unspecified number of unspecified persons on a short-term chain of harm, and the amount of the crime is considerable, such as damage exceeding a total of 2.4 billion won by committing the crime of this case. However, the defendant was involved in the crime while investing money in the real estate development business of this case, and most of the money-raising money of this case was acquired by the Chinese fraud organization and the profits gained by the defendant seems to be less than the above damage. The defendant and most victims agreed with some of the victims. The defendant and most victims appear to have been spreading the damage of this case as they are free market economy system or related laws, and it appears that the damage of this case was spread due to the fact that the defendant and most victims are North Korean defectors, and in consideration of the motive and background of the crime of this case, circumstances after the crime of this case, defendant's age, personality, conduct and environment, etc., the sentencing of the court below is somewhat inappropriate.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant, recognized by this court, and the summary of the evidence, are as follows: (a) except where the " around January 201," which leads from the end of the 7th line of the criminal facts at the time of original adjudication to the front of the 8th line of the 3th line of the 7th line of the 2011, is deemed to be " around December 201," and (b) 3th lines " March 201," respectively, is deemed to be " April 2012," and all of the judgment below are the same as the corresponding columns of the 3th unit of the 3th judgment, thereby

Application of Statutes

1. The act of receiving the same kind of crime as the applicable Article and the punishment without the option thereof;

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