특정경제범죄가중처벌등에관한법률위반(사기)등
All appeals filed by the defendant and prosecutor are dismissed.
1. The summary of the grounds for appeal 1) The victim F was promised to receive a fixed rate of 1.30% per month from the deceased B (hereinafter “the deceased”) regardless of the act of posting a scenario as described in this part of the facts charged, and the investment led to the occurrence of an investment. The falsity of the claim is difficult to be considered as important factors in making an investment decision. The Defendant did not take part in the above agreement between the deceased and the above victim, and thus, there is no conspiracy with the deceased.
B) Of particular, regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the sum of KRW 5,746,838,740 in the attached Table 5,740 (1) in the judgment of the court below, ① the name of the good as of June 20, 2018, KRW 21,00,000 in each year, and KRW 31 in each year, June 21, 2018, KRW 19,000 in the name of the good as of June 21, 2018, KRW 30,000 in each year, KRW 19,40,000 in each year, KRW 20, KRW 208, KRW 30,000 in each year, KRW 20,00 in each year, KRW 20,000 in June 25, 2018, KRW 208, KRW 2018 in each year, KRW 30,016.4,686.
(2) On January 23, 2019, No. 167 No. 167, the product name X34,400,000, No. 170, Jan. 30, 2019, the product name Y35,000,000 (hereinafter referred to as “II”) of January 30, 2019.
(C) However, the judgment of the court below which found the Defendant guilty of this part of the charges is erroneous in the misapprehension of the facts charged, as it is presumed that an investment was made according to a separate agreement with the deceased, not based on the scenarios on which false claims were posted, and thus, the total sum of KRW 246,00,000 in each of the above parts cannot be included in the scope of the Defendant’s solicitation as a single criminal act of the deceased unrelated to the facts charged
2. The Defendant is prior to the instant crime.