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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.11.05 2018노3571
사기등
Text

The judgment of the court below is reversed.

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

Of the facts charged in the instant case, U and AI respectively.

Reasons

1. Summary of grounds for appeal;

A. The Defendant received money as part of personal monetary transactions with U, AI, AJ, AK, AL, and AM as stated in the victim column of the attached crime list of the lower court’s judgment, but did not receive money by deception as part of the instant business investment.

B. The sentence of the lower court’s improper sentencing (three years and six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the following circumstances as revealed by the evidence duly adopted and investigated by the lower court, the Defendant: (a) made a confession that the said victims acquired money or received similar money from the said victims as stated in the financial transaction records submitted by the prosecutor from the investigative agency to the court of the lower court; (b) the Defendant was unable to submit any data corresponding to its assertion regarding the details of financial transaction between the said victims; (c) was going through the process of directly receiving and confirming the list of crimes at the time of interrogation of the third time; and (d) during that process, the prosecution of this case was instituted only with the content of the remaining crimes except for the part designated as personal monetary transaction. In full view of these circumstances, it is sufficiently recognized that the Defendant acquired money from the said victims and received money similar thereto as stated in this part of the facts charged.

The judgment of the court below that made the same conclusion is just, and there is no error of law by mistake of facts affecting the judgment.

The defendant's assertion of misunderstanding of facts is without merit.

B. U.S. and AI’s fraud and similar reception 1) Any person violating the Act on the Regulation of Similar Receiving Acts is promising to pay an amount in full or in excess of the investment amount to an unspecified number of unspecified persons without obtaining authorization, permission, etc. from the authorities.

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