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(영문) 서울동부지방법원 2018.11.23 2018노1278
유사수신행위의규제에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (as to the violation of the Act on the Regulation of Fraud and Similar Receiving Act), the Defendant did not deceiving the victims, nor did the victims agree to pay the full amount of contributions or the amount in excess thereof.

B. The punishment sentenced by the lower court (one year of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, it is recognized that the defendant conspireds with H and I as stated in the facts charged about fraud, and conspired with H and I to deceiving victims and to pay the victims the total amount of contributions or the amount in excess thereof, as stated in the facts charged about violation of the Act on the Regulation of Similar Receiving Acts, the judgment of the court below is justified. Thus, the judgment of the court below is justified, and there is an error of law that affected the conclusion of the judgment by misunderstanding of facts

(2) In light of the aforementioned legal principles, the lower court’s judgment on the grounds that the Defendant’s confessions of this part of the facts charged and other evidence inconsistent with the Defendant’s confessions cannot be denied. (2) In full view of the argument of this case and the reasons for sentencing indicated in the record, the lower court’s sentencing against the Defendant appears to have been appropriately determined, taking full account of all the circumstances, including various reasons for sentencing asserted by the Defendant, and there is no special circumstance to change the sentence of the lower court.

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

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