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(영문) 서울중앙지방법원 2018.04.19 2017노4052
사기등
Text

[Defendant A and C] All appeals by the Defendants are dismissed.

[Defendant F] The part of the lower judgment against the Defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of Defendant A (unfair sentencing) sentenced by the lower court (3 years and six months) is too unreasonable.

B. Defendant C (misunderstanding of facts, misunderstanding of legal principles, and Sentencing) was unaware of the problems of the R business structure, Defendant C was unaware of the problems of the R business structure, trusted in the investment business and the payment of earnings by the LW (hereinafter “W”), and was unaware of the fact that the lower investor’s investment deposit was paid the dividends to the higher investor. Therefore, there was no intention of fraud.

Defendant

C Since there was no participation in the solicitation of investors by another center and did not know of the details of investment, the head of another center, etc. does not assume responsibility for fraud and similar receipt of investors recruited by the head of the other center, etc. as a joint principal offender.

The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

(c)

Defendant

F (In fact, a defense counsel stated only the “misunderstanding of the legal doctrine” and “unfair sentencing” on the grounds of appeal on the grounds of appeal, but asserts that there is no intention to commit fraud, such mistake is also deemed to have been asserted on the grounds of appeal.

Since there was no fact that Defendant F was involved in R, there was no intention of deceiving victims and deceiving them of investment money.

Defendant

F Since F was a simple investor interest victim before he/she becomes the head of the Gu-U.S. Center on June 1, 2016, F was not liable for a crime as a joint principal offender with respect to the fraud and similar receipt during the period from November 2, 2015 to May 31, 2016 among the facts charged.

The punishment sentenced by the court below (the imprisonment of two years, the suspension of the execution of three years, the community service of 200 hours) is too unreasonable.

2. Determination

가. 피고인 A에 대하여 원심이 적법하게 채택하여 조사한 증거에 의하면 피고인 A은 자신의 형을 명목상 대표이사로 하여 회사를 설립하는 데 필요한 서류를 Q에게 제공하여 2015. 6. 15. X㈜를...

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