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(영문) 서울북부지방법원 2018.05.04 2017노2282
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (for Defendant A: one year of imprisonment; and Defendant B’s imprisonment with prison labor for eight months) against the Defendants is too uneasible and unfair.

B. The lower court’s above sentence against Defendant A (unfair sentencing) is too unreasonable.

(c)

Defendant

B1) The judgment of the court below that found Defendant B guilty on the ground that the above Defendant was guilty on the ground that he merely lent the name of business operator to Defendant A upon Defendant A’s request, and was not actually involved in Defendant A’s illegal business and was not specifically aware of the fact.

2) The above sentence of the lower court against the above Defendant is too unreasonable.

2. Judgment on the grounds for appeal

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the Defendant B’s assertion of mistake, the above Defendant can sufficiently be recognized as participating in the crime with the knowledge of the Defendant A’s acquisition of money in the name of investment funds by the damaged party, and the judgment below which convicted the Defendant B of this part of the facts charged is justifiable, and there was no error of mistake as alleged by the Defendant B.

The above Defendant stated to the effect that he was aware of the content of the instant investment contract that Defendant A proposed to the victim before the prosecution investigation, the outline of the plan for the management of the investment funds, the financial status of Defendant A, and the business method and contents that Defendant A had actually been in progress at the time (Evidence No. 264-268 pages). According to such reasoning, if the investment funds received from the victimized party are used for any purpose other than that related to the business proposed by the injured party, the content of the investment funds is ultimately explained to the injured party.

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