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(영문) 창원지방법원 2014.10.30 2014노1366
사기
Text

Defendant

All appeals filed by A, B, and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, B1 of misunderstanding of facts, Defendant A, and B of misunderstanding of facts did not have conspired as stated in the facts charged in the original judgment, and Defendant A and B of misunderstanding of facts did not have obtained money or pecuniary benefits by deceiving the victims, but otherwise asserted that there was an error of law that affected the conclusion of the judgment by misunderstanding of facts, which affected the conclusion of the judgment. 2) Defendant A and B of misunderstanding of facts (Defendant A: imprisonment with prison labor for one year and two months, and one year imprisonment with prison labor) are too unreasonable.

B. In full view of the evidence submitted by the public prosecutor, even if Defendant C conspired with Defendant A and B to fully recognize the fact of acquiring money or pecuniary gain from the victims, the evidence submitted by the public prosecutor alone is insufficient to recognize that Defendant C committed fraud, such as the entries in the facts charged, in collusion with Defendant A and B, and there is an error of law by misunderstanding the facts, or by misunderstanding the legal principles as to the criminal intent to acquire by fraud and joint principal offenders, which affected the conclusion

2. Determination

A. Judgment on the assertion of mistake of facts 1) Defendant A and B’s assertion part of this part of the facts charged is the guidance of the above number system, including 1.2 million won and interest (300,000 won) of the monthly payment per 1.2 million won per 26 million won per 2.3 billion won, and Defendant B are the guidance of the above number system.

Defendant

A around March 2012, in recruiting members of the above number world E in the Haban-gun, Haban-gun, Haban-gun. A requested from Defendant B to receive various subscriptions to the above number world and senior contributions. The fact is that Defendant B, at the time of Defendant B, bears the obligation equivalent to KRW 200 million, including the obligation of KRW 10 million to Defendant A, and is to bear the obligation equivalent to the above number community.

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