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The judgment below
The guilty part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for three years.
seizure.
Reasons
Of the facts charged against Defendant A, the lower court acquitted Defendant A of each of the frauds at least 144, 165, 169, 170, 172, and 176 listed in the judgment of the lower court, and the prosecutor did not appeal as to the above part.
Therefore, the above parts are separated or determined as they are, and excluded from the scope of adjudication of this Court.
In the case of Defendant A’s misunderstanding of the facts by Defendant A, 2016 Highest 9312, the part (attached Form 1, No. 11, 12, 14, 17, 21, 32, 34, 56, 58, 74, and 76) delivered by C (attached Table 1, No. 1, No. 12, 14, 17, 21, 32, 34, 56, 58, 74, and 76) of the summary of the grounds for appeal is unclear, and the part exceeding KRW 118,90,00 that C remitted to B out of the sum of
In the case of the 2017 Highest 5023 case, the defendant A did not deceiving the victims by using the laundry of underground funds, and actually attempted to pay investment and earnings through the sale of high art works.
The punishment of the court below (three years of imprisonment) which is unfair in sentencing is too unreasonable.
Defendant
D (unfair sentencing) The sentence of the lower court (one hundred months of imprisonment, two years of suspended execution, observation of protection, community service time 80 hours) is too unreasonable.
The Prosecutor (Improper Sentencing with Defendant A)’s punishment against Defendant A is too uneased and unfair.
Judgment
Defendant
In the part of the argument that it is unclear to prove the amount obtained by deceitation of the part concerning the case 9312 case of the victim BJ and BK, the summary of this part of the charge is that the defendant BJ and C conspired with the victim BJ in collusion with the victim BJ and 3.6 million won for the victim BK.
In accordance with this part of the facts charged, the preparation and submission of Defendant A attached to the investigation report (Submission of the list of investors and the preparation of a list of crimes) of the judicial police assistant A.