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(영문) 서울동부지방법원 2020.04.09 2019노1537
사기등
Text

All appeals filed by the Defendants and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (five years of imprisonment) is too unreasonable.

B. As to Defendant B 1’s violation of the Act on the Regulation of Unauthorized Receipt of Victims Q from among the facts of the crime of “2018 Godan1133” in the judgment of the court below, Defendant B did not have been solicited on July 2016 to make an investment in RR Q, and Defendant B did not know of the fact that the victim Q Q made an investment in KRW 15 million. Defendant B had not been aware of the fact that the victim Q was 1.5 million won. Defendant B had then met the victim Q for the first time in the Philippines AB. 2) The lower court’s sentence of unfair sentencing (one hundred months of imprisonment) is too unreasonable.

C. Defendant C’s imprisonment (one year and six months of imprisonment) is too unreasonable.

Defendant

D1) There is no fact that Defendant D requested Defendant A to return the investment principal first with the investment deposit of an investor recruited by theme to invite investors, with regard to the fraud of Paragraph 2 of the 2018 Highest 4403 "the 2018 Highest 403 Highest 403" in the judgment of the court below.

Defendant

D receives a request from Defendant A to help sell goods in lots, and trust the investment attraction explanation and feasibility of Defendant A to actively carry out the Rriart sales business, and only attracts the victim Q Q's investment to benefit from fees.

Defendant

D The punishment of Defendant A is the fact that around December 2014, the investment of KRW 300 million in the business of Defendant A was made and the principal of the investment was not returned.

Defendant

D is the victim of the defendant A, and the other victim was not the victim for the recovery of the investment amount.

B) As to the fraud of the 2018 Godan403 criminal facts, Defendant D introduced the victim Q Q to AB casino business, sought business explanation and investment recommendation from BB, and allowed AE to invest KRW 230 million.

However, the defendant D has the intention to acquire the victim Qua by fraud.

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