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(영문) 대구지방법원 2017.11.09 2017노2184
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the attached list of crimes No. 2.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is merely engaged in the recruitment of investors, such as general business operators in G farming association, and there was no intention to defraud the victims.

Attached Form

2 The defendant's fraud against each victims entered in the crime sight list No. 2024, however, the defendant did not dispute the non-guilty verdict No. 2024, but the above 2024, as the head of the Center and the victim were the same, is also included in the part of the defendant's argument.

The verdict of innocence became final and conclusive on the grounds that it cannot be readily concluded that an accomplice is a person who has damaged the crime of fraud in another criminal case against his accomplice.

Nevertheless, the court below found all of the charges guilty. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. (1) Judgment on the intention to obtain fraud 1) The summary D of the public prosecution room was made by using a multi-stage organization from September 2001 to January 2002, 201, and operated the M&AE on the first half of the year and operated a similar receipt act against an unspecified number of investors.

Around early 2016, G agricultural partnershipF introduced H, a substantial operator of G agricultural partnershipF, and decided to attract an unspecified number of investors by soliciting the head of the center to attract investors in each area across the country. The Defendant and I formulated a plan to pay allowances of KRW 17,406 per day except for legal holidays until the amount reaches KRW 2,00,000,000, when receiving investment from investors, until the amount reaches KRW 1,200,000 per day, and accordingly, planned to take charge of the business of recommending investment by direct investors, if necessary.

In addition, the J has been introduced by D around that time.

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