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(영문) 서울동부지방법원 2017.12.22 2017노250
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

All applications for compensation order filed by applicants.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of facts and misapprehension of legal principles have secured a consignment sales business entity whose profits are guaranteed through market research, the Defendant only presented the expected profits at the time of the franchise store contract, did not secure conclusive profits, and made every effort to supply high-quality products, and thus, there was a criminal intent of deceiving or defrauding the victims.

subsection (b) of this section.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine that found the Defendant guilty of the facts charged of this case, thereby adversely affecting the judgment.

2) In light of the various sentencing conditions of this case’s sentencing unfair, the sentence of one year and six months, which the court below decided against the defendant, is too unreasonable.

B. In light of the prosecutor’s (unfair sentencing) method, the scale of damage, and the attitude after the crime, etc., the lower court’s sentence is too uneasible and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, the lower court also asserted the same purport, and the lower court, based on the circumstances acknowledged by the evidence duly adopted and investigated, may fully recognize the Defendant’s intent of deception and deception.

The decision was determined.

In light of the above evidence, a thorough examination of the circumstances presented by the court below in light of the above evidence, the court below's rejection of the defendant's assertion based on such circumstances and finding the defendant guilty of the facts charged in this case is just, and the statement by the witness CS does not interfere with the recognition of the facts charged in this case, and there is no other evidence to reverse this, and therefore, the defendant's mistake of facts and misapprehension of legal principles

B. The crime of this case committed by the Defendant and the Prosecutor with the determination of the unfair sentencing of the sentencing of the Defendant and the Prosecutor causes a large amount of damage exceeding 60 million won, and the irrecoverable damages are significant.

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