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(영문) 서울남부지방법원 2018.01.25 2016노2439
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendants, even though they are aware of the need Center’s direction to chronic deficit, recruited members unreasonable.

Defendant A, a representative of the Center, managed the full amount of membership fees in his/her own account, and was divingd on August 2014 and suffered damage to the victims due to the suspension of his/her lecture.

Defendant

B, C, and D obtained incentives and royalties corresponding to the sales revenue from Defendant A, and actively led members to a long-term membership contract, knowing that the gold price was attached to the Center's disposal notice.

Therefore, if the defendants are fully aware of the criminal intent to obtain fraud, and the victims knew that the program was opened for the purpose of making the proper state of the center, it would have not concluded a lecture contract with the defendants.

The judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

2. The lower court, on the sole basis of the evidence presented by the prosecutor, discovered that the Defendants were aware of the fact that the Defendants were able to discontinue their business on April 2014 by deceiving members of the Defendants, thereby establishing a fluencing program.

It is difficult to see that there was a deception by the Defendants, or there was a criminal intent to acquire by deception from the Defendants.

The lower court acquitted the instant charges on the ground of insufficient recognition.

In full view of the circumstances in the reasoning of the court below acknowledged by the evidence duly adopted and examined by the court below, the above judgment of the court below is just and acceptable, and there were errors in the misapprehension of the legal principles as alleged by the prosecutor.

subsection (b) of this section.

3. In conclusion, the prosecutor's appeal against the defendants is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals against the defendants are without merit.

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