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(영문) 대구고등법원 2017.10.26 2017노406
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

Judgment

Examining the various sentencing conditions in the instant case, the circumstances favorable to the Defendant are as follows: (a) the Defendant appears to recognize and reflect the instant crime; (b) 51 of the victims wanting to take a prior action against the Defendant; (c) there is no record of criminal punishment exceeding the fine imposed on the Defendant; and (d) self-denunciation.

On the other hand, the crime of this case is committed in collusion with accomplices by the defendant to pay profits to the victims of 99 habitually making an investment in foreign currency futures transactions, and to pay dividends at a certain rate every month, and return the investment after the expiration of the investment period.

The defendant's act of receiving money in excess of the total amount of 1.7 billion won through deceptions, and the above act of receiving money under the name of dividend, allowance, etc. is committed without authorization, permission, etc. by investors. The crime is very poor in light of the background, method, frequency and amount of the crime, number of victims or the amount of investment, number of victims, etc., and the defendant took part in the intelligent and organized fraud in 9 victims of 9 victims of 1.7 billion won or more during a period not exceeding 1 year. The above crime committed by the defendant is strictly punished in terms of distorted the foundation of sound economic activities and market economy order, and there is a need to strictly punish the defendant in terms of distorted the victims' damage to the victims.

As above, the defendant's age, age, sex and environment, family relation, motive and background of the crime, method and degree of participation in the crime, the status of the defendant at the time of the crime, circumstances before and after the crime, and co-offenders.

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