사기등
The judgment below
Part concerning Defendant B, C, D, and F shall be reversed.
Defendant
B Imprisonment with prison labor of one year and four months, and Defendant C.
The summary of the grounds for appeal reveals that Defendants A, B, and E were provided an explanation from the head office of the I Co., Ltd. (hereinafter referred to as the “instant company”) to raise funds to the company, and at the time, they were specifically conducting coffee franchise business.
Although the Defendants could not accurately confirm the financial status of the headquarters or the progress of the business, they did not have the intent to obtain fraud from the Defendants.
Defendant
C Of KRW 13,266,00, out of KRW 23,183,240, which the Defendant received from the head office, 13,266,00, the Defendant returned to the head office and alternates center. The amount of the center that the Defendant actually received is 9,917,240,00, and the amount of money acquired by deception and similar receipt is the remainder other than the sequence 4 deleted by the lower court as stated in the attached Table 3 of the crime
It is not about KRW 364 billion in total, but about KRW 200 million in total.
Defendant
D It refers to the remaining part except the sequence 1 deleted by the court below, which is attached to the judgment of the court below.
Of the sequence 2, 3, 8, 9, 14, 15, 31 and 37, the sum of 11,8320,00 won in the name of the defendant's family and branch. Since the rest of the part has been recruited by the defendant, the defendant cannot be held liable for a crime.
The sentence of the lower court (Defendant A, B, C, D, E, and F) is too unreasonable to impose the sentence of punishment (Defendant A, 1 year and six months of imprisonment, 2 years of probation, 120 hours of community service, 2 years of probation, 1 year and six months of probation, 2 years of probation, 1 year and six years of probation, 2 years of probation, 1 year of probation, 2 years of probation, 80 hours of community service, 80 hours of defendant C: 10 months of probation, 2 years of probation, 2 years of probation, 1 year of probation, 2 years of probation, 80 hours of community service, 2 years of probation, 10 months of imprisonment, and 2 years of probation).
The prosecutor of the lower court’s sentence (unfair sentencing), (one year and six months of imprisonment, two years of probation, two years of community service, 120 hours of imprisonment, two years of probation, two years of probation, one year and six months of probation, two years of community service, one hundred and twenty hours of imprisonment, one year of probation, two years of probation, two years of community service, 80 hours of probation, and Defendant D: Imprisonment with prison labor and ten months of probation.