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(영문) 수원지방법원 2017.12.15 2017노2642
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds of appeal 1) The evidence submitted by the Prosecutor regarding the Defendants’ common assertion (as to Article 1-1(a) and (2) of the facts constituting the crime as indicated in the judgment of the court below) cannot be readily concluded that the Defendants’ common assertion (as to Article 1-1(a) and (2) does not constitute a propellionus linteus (Phinteus).

In addition, since the Defendants believe and import the documents issued by the Lao Government, stating the content of the instant mushroom’s essential test in the propelling her, the Defendants may not be punished even if they did not have intention to violate the Food Sanitation Act, and even if they were negligent in trusting this, they cannot be punished.

2) Defendant A (1) misunderstanding of facts and misunderstanding of legal principles (crime No. 1-B. 1-b. as indicated in the judgment of the court below) concluded with F is merely a formal contract, and in substance, only a supply contract for mushroom of this case was concluded.

Therefore, F had received the instant mushroom supplied and sold it by deceiving the victims.

Even if the Defendant did not fully participate in the F's fraud crime, the Defendant is not a joint principal offender for fraud.

(2) The sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.

3) Defendant B’s punishment (a punishment of KRW 3 million, confiscation) by the lower court is too unreasonable.

4) According to the evidence submitted by the prosecutor (as to Defendant A), the prosecutor (as to the part not guilty in the judgment below), the fact that the Defendant, as indicated in this part of the facts charged, contained the brochures of this case in a box containing the contents that the mushroom of this case has efficacy and effect in preventing and treating a specific disease, can be sufficiently recognized.

And by oral methods against many people, F has efficacy and effect on the prevention and treatment of a specific disease.

Advertisement is conducted on February 3, 2016 of the former Food Sanitation Act.

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