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(영문) 대구지방법원 2019.01.30 2018노2951
사기등
Text

The judgment below

The guilty part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for three years.

The judgment of the court below.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts presented a prospect that the Defendant would make an investment in virtual currency, thereby gaining a large amount of profit, and investors have invested in the N’s future value (the Defendant paid 60% out of the N Sale as sales commission and used the remainder as company operation cost and technology development cost.

(2) The sentence of imprisonment (two years of imprisonment) imposed by the lower court on the grounds of unfair sentencing is too unreasonable and is too unreasonable, as the Defendant was detained in the course of carrying on a business to enable the Defendant to use N as cash, and the business was interrupted by deceiving the victims.

B. In light of the fact that Defendants B, C, D, E, F, G1 and the above Defendants engaged in the solicitation of investors by reliance on the futureity of N business, and there was no intention of fraud and there was no conspiracy of crime. As the Defendants explained to investors, there was no substantial realization of the business plan allowing the Defendants to use N as explained by the investors, and there was no deception by the Defendants. (ii) In light of the fact that the degree of the Defendants’ participation in unfair sentencing is minor, the degree of the Defendants’ participation in the unfair sentencing is very minor, and that the sentence (Defendant B: two years of imprisonment and four years of suspended sentence; C: one year and six years of suspended sentence; three years of suspended sentence of imprisonment; one year and six years of suspended sentence of imprisonment; three years of suspended sentence of imprisonment; one year and three years of suspended sentence of imprisonment; and one year and three years of suspended sentence of imprisonment; and one year and three years of suspended sentence of imprisonment, one year and three years of suspended sentence of imprisonment).

C. Defendant J’s penalty (2 million won of fine) declared by the lower court is too unreasonable.

(Fenomenity) d.

(1) In full view of facts-finding, misunderstanding of legal principles (with regard to the acquittal portion of the judgment of the lower court, the foregoing company shall be a combination with the joint purpose under which the above company shall perform a violation of the Door-to-Door Sales, etc. Act, taking into account the articles of incorporation, business establishment opening materials, organization drawing, appointment standard, payment details of bonus, and payment details of bonus, etc.

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