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(영문) 대구지방법원 2014.10.16 2013노3978
사기
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A. The appeal by Defendant B and the prosecutor are not guilty.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) At the time of receiving investment money from the victim of misunderstanding of facts, the Defendant was aware that Co-Defendant B would actually operate the coffee shop, wlldong shop, and that he could pay the same profit as the Defendant promised and return the investment money. Thus, there was no awareness that the Defendant would obtain the investment money from the victim. Nevertheless, the lower court found the Defendant guilty of the facts charged, which erred by misapprehending the facts, and thereby adversely affecting the conclusion of the judgment. 2) The sentence of imprisonment (two years of suspension of the execution of June and one hundred hours of community service and 160 hours of the suspension of the execution of imprisonment) sentenced by the lower court of unfair sentencing is too

B. Defendant B (1) In the case where a person who is a human-friendly person of the Defendant’s mistake of facts promises the Defendant to give a certain amount of profit to the Defendant by making an investment in the coffee seller and walkbs and walkbs, and the Defendant also received an investment from the Defendant through the Defendant through the Defendant’s co-defendant A, a living together with the Defendant, with the belief that he would make this end. In such a case, even though the Defendant did not have any awareness that he would obtain an investment money from the victim, the lower court found the Defendant guilty of the facts charged against the Defendant, thereby adversely affecting the conclusion of the judgment. (2) In so doing, the lower court

C. The sentence imposed by the prosecutor by the court below on the Defendants is too uneased and unreasonable.

2. Determination

A. Defendant A is between the victim D and the victim’s friendship, and Defendant B is the friendship of Defendant A.

Defendant

A In collusion with Defendant B on August 20, 201, “A” refers to official tendering in December 201, 201, in relation to the operation of the Doldong Doldong-gu Doldong-gu Doldong-gu Dokdong-gu Dokdong-gu Dokdong-gu Dokdong-gu Dokdong-si.

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