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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Comprehensively taking account of the evidence submitted by the prosecutor of facts (not guilty part) the defendant could sufficiently recognize that the defendant deceivings the victims as stated in the facts charged and acquired a total of KRW 45 million. However, the court below rendered a not guilty verdict of this part of the facts charged, which affected the conclusion of the judgment, by misunderstanding the facts.
B. The sentence of the lower court’s unfair sentencing (five months of imprisonment) is too uncomfortable and unfair.
2. Determination
A. In full view of the circumstances acknowledged by the evidence duly adopted and investigated, the lower court determined that this part of the facts charged is insufficient to recognize that the Defendant obtained money exceeding KRW 30 million as stated in the judgment below from the victims and obtained money from the victims, and that there was no other evidence to acknowledge it otherwise.
The judgment below
Examining the reasoning in comparison with the records, the judgment of the court below is just and acceptable, and there is no sufficient and sufficient circumstance and evidence that clearly oppose the finding of the facts by the court below in the trial, and even if the evidence submitted by the prosecutor is based on the evidence submitted by the prosecutor, it is not sufficient to recognize that this part of the facts charged is proven without reasonable doubt. Thus, there is an error of law of misunderstanding as alleged by the prosecutor in the judgment of the court below.
subsection (b) of this section.
B. As to the wrongful argument of sentencing, the crime of this case is to establish a juristic person of the disabled organization that carries on the printing business and distribute its profits.
It is not good that the victims deceiving 30,000,000 won, and that the establishment of a corporation that must be carried out for the public interest for the protection of the rights and interests of the disabled, and thus, it is possible to criticize it.