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(영문) 대구지방법원 2016.03.25 2016노188

사기등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A 2014 High Order 1841 decided on the judgment of the court below.

Reasons

1. Summary of grounds for appeal;

A. The public prosecutor’s each sentence sentenced by the court below to Defendant A and C (the three years of imprisonment, and the fine of 6 million won in case of Defendant C) is too unhued and unfair.

B. Defendant A (1) misunderstanding of facts and misunderstanding of legal principles (A) 1841 of the High Order 2014 High Order 1841 of the judgment below, Defendant A received KRW 15 million from the victim J to pay KRW 15 million as the purchase price of N’s shares, and distributed KRW 10,000 of the above company’s shares to AR by the victim J, as stated in the facts charged, and did not wrongfully acquire KRW 15 million from the victim J as stated in the facts charged.

Nevertheless, among the facts charged in the instant case, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

(B) Since Defendant A violated the Act on Door-to-Door Sales, Etc. among the 2014 High Order 1841 of the judgment below, Defendant C corporation operated by Defendant A did not have been paid at least three stages of subscription and payment of allowances, it cannot be deemed a multi-level marketing organization, and it does not have any actual monetary transaction in disguise of the transaction of goods, etc.

Nevertheless, the judgment of the court below convicting the violation of the Door-to-Door Sales Act among the facts charged of this case is erroneous by misapprehending the legal principles or by misapprehending the legal principles.

(2) The above sentence sentenced by the lower court is too unreasonable.

(c)

Defendant

B) In collusion with Defendant A, Defendant B did not acquire 15 million won from the victim J in collusion with Defendant B.

Nevertheless, the judgment of the court below which found Defendant B guilty is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

(2) The punishment of six months of imprisonment sentenced by the lower court, two years of suspended sentence, and 80 hours of community service is too unreasonable.

2. Determination

A. The part against Defendant A (1) as to each of the grounds for appeal by official authority.