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(영문) 서울고등법원 2016.01.29 2015노2455
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for two years and by a fine of KRW 1,050,000.

The above fine shall be imposed on the defendant.

Reasons

The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (the imprisonment of one year and six months and the fine of 1,029,405,654) is too unreasonable.

According to each evidence of the prosecutor's submission on the fraud of the prosecutor's mistake, even though the victims did not have the ability to send a trip at the time they promised to purchase a travel product, the defendant later changed the company H (the above company was later changed into BG) operated by it.

It is recognized that an employee of H (hereinafter referred to as “H”) had the victims explain false travel goods as stated in this part of the facts charged, and had the victims purchase travel goods, thereby obtaining money.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous and erroneous.

As seen earlier, as to the violation of the Door-to-Door Sales Act, the Defendant, by deceiving the victims, sold travel products.

Therefore, among the charges of violation of the Act on Door-to-Door Sales, Etc., which found the Defendant not guilty of some reasons, the travel is sent on the date of desire, regardless of which the Defendant wants to pay 30,000 won per month.

u)

“The part is also recognized as an act of selling travel goods by notifying the victims who are consumers of false or exaggerated facts or by deceptive means.

On the contrary, the judgment of the court below which acquitted part of the facts charged is erroneous in the misapprehension of facts.

The sentence sentenced by the court below against the defendant is too unfortunate and unfair.

The summary of this part of the facts charged by the prosecutor's assertion of mistake of facts is true even if H, operated by the defendant, receives a certain amount of money from the members of H, who suffered every month.

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