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(영문) 인천지방법원 2017.07.14 2017노533
유사수신행위의규제에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not less than three years and two months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (three years and six months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Similar receipt of judgment is highly likely to cause social harm, and it is necessary to punish citizens with severe economic damage and pain.

Furthermore, the Defendant was sentenced to three years of imprisonment for the same crime and received the total amount of KRW 7 billion from several victims within a short period of time, and some of the same kind of repeated crimes were committed.

In addition, the amount of fraud shall also be 360 million won and shall be 300 million won, taking into account the fact that the criminal act of this case takes the leading role, the responsibility of the defendant shall be more strict.

However, all of the crimes of this case are recognized by the defendant, the victims' damages were recovered in relation to the case of the corporation D with the largest amount of similar receipt, and the victims of the AA case were cancelled from the investigation stage.

R The victims of the instant case also received approximately KRW 163 million as dividends from the Defendant in addition to the fact that the victims of the instant case were paid approximately KRW 163 million by the investigative agency, and some of the complainants who were willing to be punished by severe punishment were paid by the Defendant in the first instance.

Since the intention of punishment is expressed even in the absence of punishment, it can not be considered newly in favor of it.

In addition, the defendant's age, environment, sex, family relationship, motive and circumstances after the crime, circumstances after the crime, and co-offenders in D case

In full view of various circumstances, including the fact that E was sentenced to one year of imprisonment, etc., the sentence imposed by the court below is somewhat heavy.

Since the defendant's argument of sentencing is reasonable and prosecutor's.

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