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(영문) 대구지방법원 2016.01.14 2015노4460
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not receive money by deceiving the victims as stated in the facts charged of the instant case.

In addition, the defendant did not own or operate the company related to the instant case, and only the defendant provided consultation on the method of business to which the patent was granted with certain fees. Therefore, the defendant is not liable for the act of receiving similar fees.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. As to the punishment of the lower court (eight years of imprisonment with prison labor), the Defendant asserts that the prosecutor is too unfasible and unfair, as it is too unfasible.

2. Determination

A. In light of all circumstances, such as the status and role of the defendant in the instant crime committed by the evidence duly adopted and investigated by the lower court in determining the misunderstanding of the facts or the legal doctrine, and the detailed method and process of the commission of the crime, the defendant can obtain money by deceiving the victims as stated in the instant facts charged and fully recognize the fact that the defendant committed the crime of receiving similar facts as stated in the instant facts charged. Accordingly, the assertion of misunderstanding of the facts or legal principles by

B. The defendant is aged, and if the defendant excludes the amount paid as an allowance to the victims, the actual amount of damage will be less than the amount obtained by deceit.

The victims are also responsible for the expansion of damage since they have invested short-term high-income in an old and poor manner.

On the other hand, the crime of this case is a systematic and continuous recruitment of investors with respect to the business without any particular profit structure, and it can be said that the business is carried out.

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