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(영문) 인천지방법원 2020.07.24 2020노718
사기
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants (in fact-finding and misunderstanding of facts) have the intent and ability to create profits by running the instant business, and there is no deception from victims.

B) Defendant B is a stock company F (hereinafter “instant company”) with respect to the instant crime around August 2017.

(C) The judgment of the court below which found Defendant A guilty of the facts charged of this case is erroneous in the misapprehension of facts and adversely affected the conclusion of the judgment. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices on the bench, except as otherwise alleged in the ground of appeal.

2) The sentence imposed by the lower court on the Defendants of unreasonable sentencing (one and half years of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. The court below rejected the Defendants’ assertion on the erroneous determination of facts in the judgment of the court below on the same assertion as the grounds of appeal in this case, and upon examining the Defendants’ assertion and its judgment in detail, compared with the records, and following circumstances acknowledged by the court below and the evidence duly adopted and investigated by the court below, i.e., (i) the Defendants failed to complete the “drawing area” (hereinafter “G”) and explained that they would use the money received from the victims for the purpose of purchasing the franchise store, but the Defendants did not use the money received from the victims as a franchise store. (ii) The Defendants did not use the money received from the victims as a franchise store.

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