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(영문) 인천지방법원 2019.07.11 2019노791
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misunderstanding the facts for the following reasons and thereby affecting the conclusion of the judgment.

1) The Defendants explained to the members that the profits are paid on the condition that the Defendants did not promised to pay the fixed profits and that the profits are generated. In addition, the victims may immediately engnize the accumulated points without combining their earnings franchise at their own option, and there is no deception against the victims. In the case of some victims, there is no deception against the victims. 2) In the case of some victims, the expected profits were fully realized by receiving the profits exceeding KRW 800,000 as to the sales price of the shopping mall supplied to the Defendants, and therefore, there was no property damage, therefore, fraud is not established as to this part.

3) The Defendants: (a) opened and managed a shopping mall for computer use and mobile shopping mall to the victims for the purchase price of KRW 500,000; and (b) this falls under cases where the transaction of goods has been mediated, and thus does not constitute “the act of receiving money without permission” prohibited by the Act on the Regulation of Conducting Fund-Raising Business without Permission. The lower court’s sentence of unfair sentencing (2 years of imprisonment: Defendant A; Defendant B; 2 years of suspended sentence for a year of imprisonment; and 120 hours of community service order is too unreasonable.

2. Determination on the grounds for appeal

A. The court below rejected the above assertion by the defendants and the defense counsel's assertion similar to the above grounds for appeal in detail. In addition to the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the court below's decision that found the defendants guilty of the facts constituting the crime is just and acceptable, and it erred by misapprehending the facts.

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