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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.
(b).
Reasons
1. Summary of grounds for appeal;
A. The sentence of the court below (one year of imprisonment) is too unreasonable when considering the various circumstances of Defendant A (unfair punishment).
B. Defendant B (1) Defendant B) was present at the scene of misunderstanding of facts, and there was no conspiracy of, or participation in, a crime as stated in the facts charged. (2) In consideration of the various circumstances of unreasonable sentencing, the sentence of the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. As to the Defendant B’s assertion of mistake of facts, although Defendant A and Victim F denied the participation of the instant case, in full view of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, the facts charged in the instant case is sufficiently convicted, and the lower court’s conclusion is correct, and there is no error of mistake of facts or of misapprehension of legal principles as alleged by the Defendant.
① The main content of the instant facts charged is as follows: (a) Defendant B received investment funds by deceiving him as if he had a considerable reputation and financial power; and (b) by deceiving him as if he had promoted the realizing business; and (c) Defendant B was also the core of the deception content.
② Defendant B recognized that there was a field, and for that reason, the investigative agency recognized that the two parties D and A attempted to use his/her own consolation duty, thereby helping them.
③ Defendant A and D stated the instant money from the prosecution to the prosecution that Defendant B ultimately received the instant money.
④ The purport of the reversal of Defendant A’s statement is to the effect that Defendant B was sent as a whole to Defendant B who was dysnished with both sides, and it does not seem to have given Defendant B a false statement.
B. There is no same record as to the Defendants’ assertion of unfair sentencing exceeding the Defendant A’s fine.
The judgment of the court below is the victimO with the largest amount of damage.