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All of the first and second original judgments shall be reversed.
Defendant
A shall be punished by imprisonment for five years.
Defendant
B shall be innocent.
Reasons
I. Summary of the grounds for appeal
1. Defendant A
A. misunderstanding of facts or misunderstanding of legal principles with regard to the second instance court: The amount deposited by the victim AG, AH, AI, and AJ to the account in their own name is not likely to be useful (disposition) and should be excluded from the amount of fraud. However, the second instance court recognized the above amount as fraud by misunderstanding of facts or misunderstanding of legal principles with regard to intent to acquire unlawful acquisition.
B. The sentence imposed by the lower court (the first instance court’s imprisonment of four years and the second instance court’s imprisonment of two years) is too heavy.
2. Defendant B
A. On July 11, 2010, Defendant B, even though, prior to the confession of Defendant A’s fraud, he was unaware of the fact that Defendant A did not actually make any futures investment and did not use the investment funds received from investors as a “defensive” or private consumption under the pretext of profits, etc. from existing investors, Defendant B conspired to commit fraud on or around June 2008.
'The defendant A's false statement was found guilty against the other defendant B by misunderstanding the facts that the defendant A believed.
B. The imprisonment with prison labor (three years and six months) imposed by the first instance court of unfair sentencing is too heavy.
3. The sentence imposed by the first instance court on the Defendants of the prosecutor (unfair punishment) is too minor.
Ⅱ. The record of the first instance judgment shall mean the record of the reasons for appeal, unless the record of evidence and the record of the public trial are otherwise stated.
1. The second instance court found the victim AH guilty of each of the remaining frauds against the above victims who committed a single comprehensive crime, while not guilty in the reasoning of the judgment regarding the crime of defraudation of 70 million won and the crime of defraudation of 45 million won against the victim AI on July 8, 2005. The second instance court appealed the part of conviction against the defendant A only.