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The judgment below
Daejeon District Court case 2018 Godan70 case and Supreme Court case 2018 Godan527 case.
Reasons
1. The lower court dismissed the Defendant’s prosecution as to the violation of the Labor Standards Act against D among the facts charged in the Daejeon District Court 2018 High Court 2018 High-Ma527 case, and sentenced the Defendant not guilty as to the fraud of the victim B around November 201 and around September 201, among the facts charged in the above 2018 High-Ma527 case, and sentenced the Defendant not guilty as to the fraud of the victim C. Each of the remaining facts charged was pronounced guilty, and each of the prosecutor did not appeal the part on the charge of the dismissal of prosecution, and thus the dismissal of prosecution was finalized as it is, the scope of this court’s trial is limited to the remainder other than the dismissed part among the judgment below.
2. Summary of grounds for appeal;
A. On November 2010, 2010 about the victim B, there is credibility in the statement made by the victim B that corresponds to the facts charged in this part, and the victim R's statement that invested in the purchase of land, such as Ma, and the development of an electric housing complex (hereinafter "the instant project") with the victim B also conform to the facts charged in this part. In light of the financial situation of the defendant at the time, it is impossible for the defendant to properly carry out the instant project in light of the following: (a) the defendant deceivings the victim B by means as stated in this part of the facts charged and received KRW 8,90,000 as investment money; and (b) the defendant received KRW 8,90,000 as investment money.
Therefore, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.
B) On February 25, 2011, the victim B had credibility in the victim B’s statement that corresponds to the facts charged in this part of fraud (5,00,000 won paid toN) around February 25, 201, taking into account the financial situation of the defendant at the time.