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(영문) 서울중앙지방법원 2014.11.13 2014노1816
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (1) Defendants did not act of deception as stated in the facts charged on the grounds that they did not definitely guarantee the victims the payment of money exceeding the principal amount, and in the case of the instant transaction, there was a substantial sale of the product, and thus, do not constitute an act of

(2) Defendant A and Defendant C are only involved in the existing franchise business of F Co., Ltd. (hereinafter “F”), but did not participate in the instant crime, which is a new business method.

(3) Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, which found the Defendants guilty of the facts charged in this case, thereby affecting the conclusion of the judgment.

B. In light of the fact that there is little benefit that the Defendants agreed with considerable number of victims of unfair sentencing and that there is little benefit from the Defendants acquired, that the Defendants reflect their depth and that there is equity in punishment with other participants, etc., the sentence of the lower court (Defendant A: 4 years of imprisonment; Defendant B; Defendant B: imprisonment with prison labor for 2 years; Defendant C; Defendant D for 1 year: imprisonment with prison labor for 10 months and suspended execution; community service 240 hours; Defendant F: fine of 30 million won) is too unreasonable.

2. Determination

A. The determination of the Defendants’ assertion of mistake of facts and misapprehension of legal principles is based on the evidence as to whether the Defendants committed deception as stated in the facts charged, i.e., the following circumstances acknowledged by the evidence: (i) where a considerable number of victims purchase goods exceeding five million won, i.e., a fluencing her payment of an amount equivalent to 120-135% of the principal amount in installments over six to nine months; (ii) the above profit ratio conforms to the F’s “non-marketing compensation franchise”; (iii) although F’s “non-marketing compensation franchise” indicates that “the largest amount” is indicated in the business support and promotion support; and (iv) the product owner’s document does not confirm the sales within a maximum of 50 weeks.

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