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(영문) 부산고등법원 2019.01.24 2018노644
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than two years and six months.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts and misunderstanding of legal principles (Defendant A) consider that Defendant B actually made an investment related to the gold, and recommended it to the neighbors, and there is no intention to obtain fraud as Defendant B did not know that it would be so-called a return, and there is no fact that Defendant B conspired with Defendant B and fraud. Nevertheless, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous in misunderstanding of facts and misunderstanding of legal principles. (2) The judgment of the court below which found the Defendant guilty of this part of the facts charged against Defendant B (Defendant B) is unfair because of the

B. In light of the fact that the prosecutor (Defendant A) and the misapprehension of the legal principle committed a fraud under the pretext of investment by another victims, and the Defendant used the money acquired by the Defendant B with the Defendant, the lower court acquitted the Defendant of this part of the charges, but the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine. 2) The sentence sentenced by the lower court of unfair sentencing (one year and six months of imprisonment, and two years of suspended execution) is too uneasible and unfair.

2. Judgment on misconception of facts and misapprehension of legal principles

A. The lower court determined that Defendant A’s assertion of mistake of facts and misapprehension of the legal doctrine was based on the evidence duly adopted and investigated by the lower court, and in light of the legal doctrine of the judgment, the lower court determined that the Defendant conspired with Defendant B to receive the victims and received the money under the pretext of investment. 2) In full view of the legal doctrine and circumstances of the lower court’s judgment and the evidence duly adopted and investigated by the lower court, and the following circumstances recognized by the lower court and the lower court, the Defendant invested in the victims at the time of the instant crime.

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