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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (six years of imprisonment) is too unreasonable.
2. Determination
A. The lower court determined that the Defendant committed each of the instant crimes even though the Defendant was punished for multiple types of fraud, etc. while running a multi-stage business for not less than 20 years, and the number of victims of the instant fraud reaches about 50,000,000 won in total, and the total amount of damage exceeds 2,00,000,000,000 won, and there was no intention to obtain fraud from the investigative agency to the lower court.
In light of the fact that the defendant denies the crime, etc., the sentence of severe punishment was inevitable. After considering the fact that considerable part of the damage amount in this case was paid to accomplices under the pretext of fees, the above sentence was sentenced.
B. 1) The Defendant asserted to the effect that the instant case was led by R and brought about 70% or more of the substantial benefits, and thus, it is different to reflect it in the sentencing, but the said argument is not accepted as it is without merit (as a result of the fact-finding statement of R in the trial before the trial and stated as a witness, R appears to have not been currently prosecuted as of the present case). 2) In addition to the circumstances that the lower court took into account as above, it is favorable to the Defendant that all of the instant crimes were recognized for the first time in the trial.
However, there is no special change to reverse the judgment of the court below on the grounds that the defendant recovered from damage after the court below was sentenced, in addition to the above circumstances.
In addition, the lower court’s sentencing judgment exceeded the reasonable bounds of discretion, considering the following factors: the Defendant’s age, sex, environment, criminal records, career, family relationship, the amount of fraud, the means and consequence of the crime, and the circumstances after the crime, etc.
any evaluation or maintenance thereof.