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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment for four years, and imprisonment for two years and six months, respectively.
Reasons
1. Summary of grounds for appeal;
A. From among the crimes against the victim T in 2016 high 69 cases as indicated in the judgment below, Defendant A alone committed the remaining crimes except 1, 3, and 4 excluding the above crime list No. 19, among the crimes against victim U.S., among the crimes against the victim in 2016 high 69 cases as indicated in the judgment of the court below, only the crime committed by Defendant A alone, and Defendant B did not participate therein.
B. The sentence of the lower court (five years of imprisonment with prison labor for Defendant A; three years of imprisonment with prison labor for Defendant B) against the illegal Defendants is too unreasonable.
2. Determination
A. As to the Defendant B’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the lower court determined that Defendant B participated as an accomplice in the entire fraud crime against the victim T and U, taking into account the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court.
① Defendant A or the J Co., Ltd. (hereinafter “J”) was a case in which Defendant B was present at the process of moving victims to the office and promoting J. Defendant B. The primary method of Defendant A, etc.’s publicity was to make profits in the process of thinking foreign currency as gift by a foreign automatic trading program mainly involved in Defendant B’s foreign currency. Defendant A, etc. stated the promotional materials and the contractual investment contract issued by Defendant A, etc. to the victims as Defendant B’s representative director.
② When U went to the J office to make an investment in the court of the court below for the first time, Defendant A and AF explained about the investment, and Defendant B was also able to take part in Defendant B on the same day.
Defendant B, etc., made a statement, and Defendant B, etc., took U into the J Office and deceiving U as to the method of generating profits of J in order to acquire money from U.S.