logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.02.12 2018노2896
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

All applications for compensation by an applicant for compensation shall be dismissed.

Reasons

The punishment (five years of imprisonment) imposed by the court below on the summary of the grounds for appeal against the defendant's grounds for appeal is too unreasonable.

The crime of this case was committed on a systematic and planned basis by opening a disguised Internet site by which the Defendant and his accomplice traded domestic financial investment instruments, and by inducing a speculative spirit to many unspecified victims by inducing the order of the financial investment instruments market and by encouraging many unspecified persons to commit a crime, if deposit money is made by investing in domestic stocks, etc.

The defendant shall develop a system in the capacity of director of the development team and the operation team, or handle the response manuals or the work, etc. of managing futures investment issues among the members of the site of this case, and shall not be less than those of the degree of participation.

The amount of fraud obtained through the crime of this case is a large amount of money exceeding 13 billion won.

This is disadvantageous to the defendant.

However, the LAD website does not manipulate the market price by using the same market price information as the legitimate exchange, and it seems that the amount of investment has been settled normally at the request of the victims.

The defendant voluntarily returned to Korea during the commission of crime and went away from the public contest relationship, and all of the crimes are recognized and reflected in the trial.

Since the victims include approximately KRW 10.5 billion between the withdrawal and the withdrawal, the actual amount of damage seems to be approximately KRW 2.5 billion, and most of the profits from the crime seems to have been acquired by C, the main offender.

According to the evidence submitted in the trial, the profits acquired by the defendant through the crime of this case in the form of salary seems to exceed KRW 340,000,000 for three years and three months.

In addition, sentencing of judgments on accomplices should also be considered.

This is all favorable to the defendant.

The above circumstances and the Defendant’s age, character and conduct, intelligence and environment, and motive and means of committing the crime.

arrow