사기등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for three years, and for one year, for Defendant B.
1. Summary of grounds for appeal;
A. Defendant A’s punishment (five years of imprisonment) is too unreasonable.
B. Defendant B (1) In fact, Defendant B (hereinafter “Defendant B”) published an advertisement on the Internet to attract investors, and it was true that the victim F was aware of this fact and introduced it to Defendant A. However, at the time, there was no intention or deception by the Defendant, and there was no further involvement after the introduction. Therefore, Defendant A is the person who acquired money from the victim.
2) The sentence of the lower court (one year and six months of imprisonment) that was unfair in sentencing is too unreasonable.
2. Judgment on Defendant B’s assertion of mistake of facts
A. According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.
1) Defendant B was engaged in a game coo-phone business by receiving coophones from the head office of adult PC PC game (such as Baduk, spaws, spaws, etc.) and selling them to individual PCs. Defendant A developed adult PC PC PC games.
A person is a person, from around 2010, who is known to each other.
On August 2014, the Defendants: (a) around August 2014, Defendant A developed an adult PC game; and (b) Defendant B opened a mutually adult PC, “HPC room,” a building owned by Defendant A’s family; (c) Goyang-gu G201 (hereinafter “instant building”) around September 2014, which is a building owned by Defendant A’s family; and (d) opened the same.
2) On November 2014, Defendant B put a letter into the Internet to invite investors through an advertising company (Evidence Nos. 56, 57, 228, 229 of the evidence record), and the victim who had an interest in communicating with the victim.
Defendant
B introduced Defendant A to the victim as his/her own religious village in the process, and on November 25, 2014, the Defendants were currently involved in the victim’s adult PC protection project, which was operated by the instant building.