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(영문) 부산지방법원 2014.05.15 2013노2941
유사수신행위의규제에관한법률위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (Defendant A: fine of KRW 3 million, Defendant B, D, F, G, and H: fine of KRW 5 million, Defendant E: fine of KRW 7 million) is too uneased and unreasonable.

Judgment

In light of the fact that the act of fund-raising, such as the crime of this case, is likely to inflict a large amount of damage on many and unspecified persons in a short-term chain of time, and the total amount of damage exceeding 2.4 billion won due to the crime of this case, etc., which is disadvantageous to the Defendants, but the Defendants are in profoundly against the Defendants, and the Defendants have the nature of victims, such as the Defendants, B, E, F, and G, and Defendant D and H have no criminal power over the suspension of execution, and other various circumstances, which include the motive and circumstance of the crime of this case, circumstances after the crime of this case, Defendant’s age, character and conduct, environment, etc., and the sentencing conditions specified in the records and arguments of this case, do not seem to be unfair because the sentencing of the lower court is too uneasible.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.

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