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Defendant
All appeals by prosecutors are dismissed.
Reasons
With respect to the fraud against the victim D by mistake of the defendant's facts, the defendant introduced W to the victim D, and it is merely that the victim D voluntarily paid a small amount of money to the victim D or that the defendant borrowed some of the money from the victim D, and there was no fraudulent act.
As to the fraud against the victim K, the defendant had the intention and ability to engage in the shocking business, so that the defendant did not commit the deception and did not have the intention to obtain the deception.
The punishment sentenced by the court below (one year and six months of imprisonment, three years of suspended execution, and 160 hours of community service order) is too unreasonable.
The prosecutor's (unfair sentencing) sentence (one year and six months of imprisonment, three years of suspended execution, and 160 hours of community service order) sentenced by the court below is too uneasible and unfair.
Judgment
As to the Defendant’s assertion of mistake of facts, the lower court also stated the same argument and found the Defendant guilty under the title of “determination of the Defendant and his defense counsel’s assertion” in the judgment of the lower court.
According to the evidence duly adopted and examined by the court below, the court below's determination that each of the facts charged in this case was guilty based on the acknowledgement and judgment of the above facts is just and acceptable, and there is an error of law by mistake of facts as pointed out by the defendant.
shall not be deemed to exist.
Each crime against the victim D of the defendant's judgment on the improper argument of sentencing by the prosecutor and the defendant is in a friendly relationship with the public administration team or the National Tax Service's staff despite the defendant's absence of such ability, and using this, it is not very good that the crime is committed by deceiving the defendant as if the victim D wishes to resolve the case.
The crime against the victim K also has the intent and ability to carry out the shock-related business.