(영문) 서울동부지방법원 2017.06.22 2017노327

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(영문) 서울동부지방법원 2017.06.22 2017노327

유사수신행위의규제에관한법률위반등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant C and D’s assertion of misunderstanding of the facts or misapprehension of the legal principles, did not have any criminal intent as to the point of fraud and violation of the Act on the Regulation of Similar Receiving Acts.

Defendant

D did not have any intention to commit fraud.

Therefore, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding of facts or misunderstanding of legal principles.

B. It is too unreasonable that the court below's each of the defendants' arguments of unfair sentencing was sentenced to the punishment (defendant A: imprisonment of 2 years and 6 months; imprisonment of 6 months; imprisonment of 2 years; imprisonment of 2 years; imprisonment of 6 months; Defendant D; and Defendant I corporation: fine of 40 million won).

2. Determination

A. The above Defendants asserted the same purport in the judgment of the court below as to the misapprehension of the legal principles as to Defendant C and D’s respective facts, and the court below rejected the above assertion in detail. In light of the evidence duly adopted and examined by the court below, the judgment of the court below is justified, and the above Defendants’ assertion is without merit.

B. The Defendants’ respective allegations of unfair sentencing are the majority of the victims, and the amount of damage is large and the damage remains not recovered.

Defendant C, and D appear to be against the fact that the crime is denied, and they are seriously against the law.

In light of the following facts: (a) the Defendants’ position in I and the degree and period of the Defendants’ participation in the commission of the crime; (b) the Defendants’ criminal records; and (c) the Defendants’ age, sexual conduct, family environment; and (d) the circumstances and results of the instant crime; and (b) all of the sentencing conditions indicated in the instant pleadings, the lower court’s punishment against the Defendants is too excessive and unfair. Thus, the Defendants’ aforementioned assertion is without merit.

3. According to the conclusion, the Defendants’ appeal is without merit and thus, pursuant to Article 364(4) of the Criminal Procedure Act.

유사 판례

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