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(영문) 서울동부지방법원 2016.11.03 2016노1034

사기등

Text

The judgment below

Part of the compensation order, excluding the compensation order, shall be reversed.

Defendants shall be punished by imprisonment with prison labor for four years.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles did not deceiving victims, Defendant A did not recruitment with Defendant B and Defendant A, and even if Defendant A was guilty against Defendant A, the part corresponding to lower fund raisers, not simple investors, should not be recognized as the victim of fraud or the other party to the act of receiving unfair sentencing (five years of imprisonment).

B. Defendant B (1) misunderstanding of facts and misunderstanding of legal principles did not deceiving victims; Defendant A’s remittance part is irrelevant to himself/herself; even if Defendant B received some remittances, it cannot be said to be a financing in the act of receiving money without delay; Defendant B’s imprisonment (five years of imprisonment) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. Determination as to whether the Defendants deceptiond investors to acquire pecuniary benefits or gain pecuniary benefits is made 1) Defendants’ assertion on June 2013 (T; hereinafter “T”) is the Defendants’ assertion.

(C) Around August of the same year, the CP (hereinafter “CP”) in which the Defendants received the transfer of money from the investors and received the transfer of money from the investors, and used in T.S. CP (e-mone t. hereinafter referred to as “CP”), which is an E-mone t., used in T.

The payment made by the Defendants is merely mediating the transaction between the investors who want the CP to purchase the new CP and the investors who want to invest in T due to the diversified relationship between the remittance procedure and the overseas deposit account. As such, the Defendants deceiving the investors and their pecuniary benefits.