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(영문) 울산지방법원 2019.09.19 2019노394
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The lower court’s judgment dismissed all the application for compensation by the applicant for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation did not file an objection against the judgment dismissing the application for compensation. Therefore, the part dismissing the said application for compensation was immediately finalized

Therefore, among the judgment below, the dismissal of the above application for compensation is excluded from the scope of adjudication of this court.

2. Summary of grounds for appeal;

A. Defendant B (related to Defendant B1) 1) misunderstanding of facts and misunderstanding of legal principles (related to the original facts of the crime) merely receive the membership fee from the president of the Jno-help Partnership around December 2017 from the president of the Jno-help Cooperative before hearing the speech that he did not have any relation with the former and received the membership fee and delivered it to A, with the full trust of A, and received the membership fee, and did not conspired with A, and did not intend to acquire it. (2) The sentence of imprisonment (three years of imprisonment) sentenced by the lower court to Defendant B is too unreasonable.

B. The punishment sentenced by the lower court to Defendant C (one year and six months of imprisonment) is too unreasonable.

3. Determination on the grounds for appeal

A. Determination 1 on the grounds of appeal by Defendant B 1) Determination on the misunderstanding of facts and misapprehension of legal principles

A and Defendant B are aware of the fact that no labor supply contract was entered into since the establishment of the Jnoopon on December 2014 and no labor supply contract was entered into until now, and even if A and Defendant B entered into the Jnoopon because they did not work through the Jnoopon or receive a monthly wage, they could not obtain any income.

Nevertheless, the above defendant A and the defendant B seek a lot of and stable work for the unemployed due to the Gyeonggi regional depression.

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