사기등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.
Defendant .
1. Summary of grounds for appeal;
A. Defendants: Defendant A’s defense counsel on the grounds of appeal of unfair sentencing argued mistake of facts and misapprehension of legal principles, but withdrawn the assertion of mistake of facts and misapprehension of legal principles during the fourth trial of the trial of the first instance, and maintained only the assertion
Each sentence of the lower court against the Defendants (Defendant A: Imprisonment of two years and additional collection of KRW 80 million; imprisonment of three years and additional collection of KRW 70 million) is too unreasonable.
B. Public prosecutor: misunderstanding of facts, misunderstanding of legal principles, misunderstanding of facts, 1) misunderstanding of facts and misunderstanding of legal principles (not guilty portion in the grounds) were convicted of the Defendants on the charge of fraud of KRW 150 million among the facts charged in the instant case and joint criminal acts in violation of the Attorney-at-Law Act; however, the lower court acquitted the Defendants on the grounds that the Defendants committed fraud of USD 250,000 and joint criminal acts in violation of the Attorney-at-Law Act, but the lower court erred by misapprehending the legal principles as to fraud and the violation of the Attorney-at-Law Act, which affected the conclusion of the judgment, on the sole basis that the Defendant’s statement was reversed
B) Considering that R,O, N, and P are victims of the I’s multi-level marketing crime, and are hostile witnesses to I, the credibility of the statement should not be rejected. C) It is clearly confirmed that I withdrawn cash or check at the time of the Defendants’ fraud and joint criminal conduct in violation of the Attorney-at-Law Act with R, etc., and exchanged the Defendants into the U.S. dollars. D) Whether Defendant A’s money laundering was made through X and W is merely a circumstance after the crime and does not serve as the basis for the judgment of innocence. 2) Each sentence imposed by the lower court on the Defendants of unfair sentencing is too unreasonable.
2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles
A. The summary of the facts charged is the victim in collusion.