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(영문) 대구고등법원 2017.01.12 2016노360
특정경제범죄가중처벌등에관한법률위반(사기)방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant was well aware of the following: (b) the compensation plan and allowance system for the multi-stage fraud crime; and (c) the establishment and dissolution of multi-stage corporations have been repeated over several times since around 2004 through which the Defendant provided the program; and (d) the Defendant also knew of the multi-stage fraud crime, including E, in light of the fact that the server was transferred to China and deleted to make it impossible to recover from China.

Although it is sufficient to see it, the judgment of the court below acquitted the Defendant, by misapprehending the facts or by misapprehending the legal principles.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, the lower court acknowledged that the Defendant provided a program to multi-level financial companies, including E, and that E, etc. managed the investor organization, company sales, investor, and investment funds, and recommending persons using the aforementioned program. However, in full view of the following circumstances acknowledged by the evidence, the evidence submitted by the prosecutor alone recognized the Defendant’s multi-level financial or habitual fraud crime, or that the program provided by the Defendant was easily conducted by the Defendant.

It is insufficient to view it, and there is no other evidence to acknowledge it.

1) The Dispute Resolution Co., Ltd. established around October 2004 shall be operated as a first normal door-to-door sales company, and thereafter, the illegal multi-level financial revenue business was changed into a company engaging in illegal multi-level financial revenue business. Since June 2006, E, etc. continued to engage in illegal multi-level financial revenue business by establishing the Dispute Resolution H, the Dispute Resolution Co., Ltd., the Dispute Resolution Co., Ltd., and the Dispute Resolution Co., Ltd.,

In 2004, the defendant provided sales and membership management programs at the request of R, which is the head of the computer office of the G KG.

R has been changed to an illegal multi-level company in the middle of which the G Co., Ltd. was established and operated in the court of the court below.

Since it was excessive at the time of requesting the program to the defendant, the project is.

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