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Defendant
All appeals filed by A, B, C, and Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A, B, and C1 (Defendant A), Defendant A, a misunderstanding of the fact, has ownership of the land of this Gangwon-do Gyeongcheon-gun, Gangwon-do, a cooperative for Defendant D (hereinafter “Defendant Cooperative”)
It is desirable to pay dividends and allowances to purchase goods at the price of 5 to 6 times the market price without deceiving partners.
There is no way to pay dividends, etc. that the new growing plant completed and produces and sells the seeds can be fully paid to its members when it produces and sells the seeds. In addition, since May 1, 2015, it has made efforts to pay dividends, etc. to limit the purchase limit to KRW 20 million from the beginning and reduce the amount of dividends paid from May 1, 2015. In fact, the amount of the purchase amount was paid as dividends (89 million won).
Defendant
A did not have any intention to commit fraud.
2) Defendant C cited Defendant C as grounds for misunderstanding of facts and misapprehension of the legal doctrine. The lower court erred by misapprehending the legal doctrine as to accomplice, thereby finding the facts of conspiracy with Defendant A and B, and in full view, deemed that the lower court is close to the assertion of misunderstanding of facts.
It is possible to judge together as well.
Defendant
C merely explained the products that he supplies to the Defendant Cooperative to its members, did not provide education on the business and dividend system of the Defendant Cooperative, and the duties of the Chairperson of the Education Council are formal, so there was no conspiracy with Defendant A, B, and fraud.
3) Improper sentencing (Defendant A, B, and C)’s sentencing is too heavy.
B. Prosecutor 1) Fact-finding (the violation of the Act on the Regulation of Similar Receiving Acts) purchased goods at a price of at least five times more than the market price, and some of the goods purchased (food washing machines) were not paid, and the victims also did not have any interest in the goods purchased.