사기등
The judgment below
The part of conviction against Defendant A and the part against Defendant B shall be reversed.
Defendant
A. Imprisonment.
1. The summary of the grounds for appeal 1) As to the fraud of the facts of Defendant A (1) and the misunderstanding of the legal principles as to each of the facts charged in the instant case, the Defendant did not deceiving the victims as stated in this part of the facts charged, and did not have obtained money from the victims, and there was no intention to acquire money by fraud.
In addition, even if deception is recognized, the relationship between deception and acquisition of money can not be recognized.
Of the facts charged in the instant case, the Defendant prepared a false labor contract, etc. and submitted it to the victimized school. However, since the person in charge of entering the victimized school was aware of the false facts, thereby obstructing the entrance of the victimized school by deceptive means.
shall not be deemed to exist.
(2) The sentence of the lower court (one year and six months of imprisonment) which is unfair in sentencing is too unreasonable.
2) Defendant B (1) misunderstanding of the facts and misunderstanding of the legal principles (as to the guilty part), the Defendant prepared a false labor contract and submitted it to the victimized school, but this was made by the proposal or cooperation of the person in charge of entering the victimized school. Thus, the Defendant interfered with the entrance of the victimized school by deceptive scheme.
shall not be deemed to exist.
In addition, even if the above act of the defendant, even if it constitutes a deceptive scheme, it can be sufficiently known that the person in charge of the admission of the victimized school was a false worker if he paid early attention. However, since the defendant's insufficient examination of the person in charge of the admission led to the fact that the document submitted by the defendant was false, it cannot be seen that the entrance of the victimized school was hindered.
(2) The sentence of the lower court (eight months of imprisonment, two years of suspended sentence) is too unreasonable.
3) According to the evidence submitted by the prosecutor (not guilty part), the defendant conspireds with CG, CH, CD or CF as stated in this part of the facts charged, and I would be the victim I.