특정경제범죄가중처벌등에관한법률위반(사기)등
The original judgment of the first instance (excluding the acquittal portion on the fraud of V and the dismissal of prosecution) and the second original judgment.
The first judgment of the court rendered a judgment of conviction (including the acquittal part in the reason) against the fraud of G, X, andY, and dismissed each of the judgment of acquittal as to the fraud against Q, Q, R, S, N, T, U, and V, and the violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission.
As to the guilty portion, the prosecutor appealed respectively from the acquittal part and the acquittal part of the reasoning.
The second judgment was pronounced guilty of all the charges, and the defendant and the prosecutor appealed respectively.
Therefore, among the judgment of the first instance court, the dismissal of prosecution that the defendant and the prosecutor did not appeal was separated and finalized as it is. The scope of the judgment of this court is limited to the remaining parts of the judgment of the second instance except the dismissal of prosecution
Summary of Grounds for Appeal
Since the victim G and X committed fraud against the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and X, even after the detention of “L” (hereinafter referred to as “L”) around April 6, 2016, provided the Defendant with continuous investment funds without knowledge of the actual operating situation of L, as it was the false end of the Defendant, that “A stock company (hereinafter referred to as “L”) is well equipped with a business organization network and is going to enter the United States,” it constitutes a crime of fraud even with respect to the funds given to the Defendant from April 11, 2016 to August 2, 2016.
Each fraud against Q, R, and S was committed by the Defendant through X, thereby deceiving the victim Q, R, and S as shown in this part of the facts charged.
The Defendant, as in this part of the facts charged, by deceiving the victim N, T, Y, U, and by deceiving N, T, Y, and U.S.
The Defendant, like this part of the facts charged, by deceiving the victim V and by deceiving the money.
The first instance judgment of the lower court, which sentenced to unfair sentencing (the Defendant and the Prosecutor):