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(영문) 부산지방법원 2018.08.23 2018노1572
사기등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for a period of two years and six months, Defendant B's imprisonment for a period of one year and six months, and Defendant C.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found Defendant A (1) guilty of this part of the facts charged without the intention to obtain fraud from Defendant A with respect to the misunderstanding of facts and the misunderstanding of legal principles, and there is an error of misunderstanding of facts and misunderstanding of legal principles, even though there was no conspiracy with

2) The punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable.

B. Although Defendant B (1) did not have the intention to defraud the Defendant with regard to the fraud, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous.

2) The punishment sentenced by the lower court (one year and six months of imprisonment, three years of suspended execution, observation of protection, and community service order 160 hours) is too unreasonable.

(c)

Defendant

C1) The judgment of the court below which found Defendant C guilty of this part of the facts charged is erroneous in the misunderstanding of facts or in the misapprehension of legal principles, although Defendant C had not conspired to acquire money from Defendant A, B, and investment.

2) The punishment sentenced by the lower court (one year of imprisonment, three years of suspended execution, and observation of protection) is too unreasonable.

(d)

Each sentence sentenced by the court below to the defendants is too unhued and unfair.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendants and the Prosecutor, the Prosecutor examined ex officio prior to the judgment on the grounds for appeal by the Defendants and the Prosecutor, and as to the violation of the Act on the Regulation of Similar Receiving Acts among the facts charged in the instant case, [Attachment ] concerning the violation of the Act on the Regulation of Similar Receiving Acts among the facts charged in the instant case, as shown in the crime list attached to this judgment, the “victim 29 investors” was as indicated in the annexed crime list attached to this judgment, and the total amount of KRW 1,718,041,355 [Attachment 1,523,041,35] was as the “victim 35 investors,” and the judgment below was unable to be maintained as it was changed by this court’s permission.

However, there are such reasons for ex officio reversal.

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