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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1’s mistake of facts and misapprehension of legal principles) The Defendant, who was charged with the statute of limitations, left the Republic of Korea to run a business and continued to run in China to receive a loan from U to return the loan, and the Defendant did not have stayed in China to escape criminal punishment. Thus, the statute of limitations as to the facts charged of this case was completed at the time of the prosecution of this case.
B) The facts charged on the victim D related to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) are about active deception, but the lower court recognized the deception by omission, which is not recognized as identical to the facts charged, and caused substantial disadvantage to the Defendant’s exercise of his/her right
(2) The victim D was invested in Company I on its own judgment, and the defendant did not deception the victim as stated in this part of the facts charged, and the defendant had no intention to deception while carrying out the three saws business normally in China at the time.
C) The part of P’s statement related to fraud (1) concerning P’s legal statement is that D’s statement is inadmissible as a witness in the lower court. However, the lower court acknowledged admissibility of this part of P’s statement.
(2) The statements made by the victim P and D are not consistent and are contrary to the objective statements made by third parties and are not reliable.
(3) The Defendant did not recommend investment in the Victim P through D, and all of the investment funds in the Victim P P were actually used for the purchase of O broadcasting station equipment, and the Defendant deceivings the Victim P as in this part of the facts charged.
shall not be deemed to exist.
2) The sentence of the lower court’s improper sentencing is too unreasonable.
B. According to the evidence submitted by the prosecutor 1, the court below acquitted the victim G, E, and F on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), although all of the facts charged are proven.