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(영문) 서울중앙지방법원 2016.04.21 2015노3975

사기방조등

Text

The judgment of the court below is reversed.

1. Defendant A shall be punished by imprisonment for a year and six months and by a fine of fifty thousand won.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine as to the crime committed in violation of the Act on the Regulation of Fraud and Similar Receipt (hereinafter referred to as “attached Form”) committed by the prosecutor (Defendant B), as the person who led the N (O; hereinafter referred to as “N”) committed in the Republic of Korea. As such, the lower court erred by misapprehending the facts and finding the Defendant not guilty of this part of the facts charged, even though it was sufficiently recognized that there was collusion with U.V., etc., for each crime committed in violation of the Act on the Regulation of Fraud and Similar Receipt of Crimes (hereinafter referred to as “Attached Receipt Act”) in the annexed List of Crimes (3) and (4) (hereinafter referred to as “Attachment”)

(2) The sentence sentenced by the lower court to Defendant B (12 years of imprisonment) is too unhued and unreasonable.

B. On March 15, 2016, Defendant B’s defense counsel (LLC) stated the grounds for appeal arranged by the CJ through his defense counsel’s written opinion on March 15, 2016 in the order of logic.

(1) 사실 오인 내지 법리 오해 ㈎ 공소사실의 불특정 피고인에 대한 사기 부분 공소사실은 공동 정 범인 자금 모집 원들의 성명, 역할이 구체적으로 기재되어 있지 아니하는 등 피고인의 방어권 행사가 사실상 불가능할 정도로 특정되지 아니하여 위법하다.

㈏ 편취 범의 및 공모관계의 부인 피고인은 AL, AK( 이하 양인을 통칭할 때는 ‘AL 등’ 이라 한다 )으로부터 그들이 개인적으로 보유하고 있던 가상 화폐인 N CP 원심판결에서는 ‘ 이 머니 (e-money) ’라고 칭하였다.

(A) only entrusted with the sale of the Cash Pint, and only delivered the CP to investors who purchased the CP through solicitation of BU, etc. according to the intent of such delegation and kept the sales proceeds therefrom.

Therefore, the Defendant did not recognize the falsity of N, and conspired to commit the crime with the DoU, etc., which was committed by N headquarters AL or an actual investor recruitment.

Since it cannot be seen as fraud, it is through fraud.