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(영문) 인천지방법원 2019.07.19 2019노686
사기등
Text

The judgment below

The guilty part shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

Defendant

B. The Defendant is not guilty.

Reasons

Summary of Grounds for Appeal

Defendant

A (the imprisonment with labor for one year) sentenced by the court below is too unreasonable.

Defendant

B misunderstanding of facts as stated in the facts charged in the instant case, Defendant B did not have conspired with the Defendant A to commit fraud or deceiving the victims, and only attempted Defendant A to act as an agent.

The punishment sentenced by the court below on unreasonable sentencing (one year of imprisonment, two years of suspended sentence) is too unreasonable.

The public prosecutor's misunderstanding of facts (the fraud of victim H and G among the acquitted part) has resulted in a child through the surrogate mother, or in the absence of the intent or ability to return the money if the money is not produced, and in the absence of the intent or ability to return it, fraud is established against the victim H and G by deceiving the down payment.

The sentence imposed by the court below on unreasonable sentencing (the defendants) is too uneasible and unfair.

Defendant

The summary of the facts charged in this part of the judgment on the mistake of facts in the case of B is that the defendant A has arranged the "representative mother" by acting as the husband of the defendant, and the defendant B is a person who prepares the surrogate mother contract with the husband of the defendant A or manages funds from the client by the defendant A.

C is a person who serves as a "agent" at the request of Defendant A.

The defendants, in operating the domain name of "J", shall make a false statement on the website that "I am to visit J and audit it. I will see L. telephone or send e-mail, and will give advice to the clients who have contacted with L.S., and will bring about an objection by arranging the ovum trade and proxy appearance, thereby receiving money as the cost of proxy mother's proceeding, and Defendant A shall receive money under the pretext that I will come to come to go to the proxy mother's client, and Defendant B shall act as an agent when I act as an intermediary with Defendant A in arranging ovum and proxy mother.

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