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The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for five years.
The judgment below
(2).
Reasons
Summary of Grounds for Appeal
The defendant of misunderstanding of facts or misunderstanding of legal principles is a person who operates the F Co., Ltd. (hereinafter referred to as the "F"), who has 1,000 members, received membership deposits, etc. from members and operated F normally, and some members have been damaged due to the non- cooperation of victims or the problem of insurance coverage with the insurance company, but it does not mean that the victims who are members had a criminal intent of defraudation and deceiving property from the beginning.
However, the court below recognized the defendant as guilty by recognizing that the defendant has an intention to defraud all the facts charged of this case, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts. The above act of the defendant
(1) The crime of fraud against the victim DE in the 2014 Highest 608 Incident No. 5 was committed by the victim CF of the 2014 Highest 608 Incident, and only 3.3 million won of the down payment was not paid by the victim CF and the down payment was confiscated by the victim CF. ② The crime of fraud against the victim DE in the 2014 Highest 2014 Highest 2078 Incident 8 and the 2nd 2nd 2nd 10th 2014 Highest 2285 Incident was prosecuted by double prosecution. ③ Since the crime of fraud against the victim BY in the 2014 Highest 608 Incident was also prosecuted by double prosecution, the judgment of innocence or dismissal of prosecution is to be pronounced.
In addition, if the defendant's F membership inducement act constitutes fraud, the defendant's indictment of this part of the defendant's act is merely a prosecution for the completion of the criminal act since it was already completed when the CD withdrawal, which is a certificate of deposit, which is the time of the crime of "2014 Highest 1040", or when the contract renewal, which is the time of crime No. 15 of the crime list of "2014 Highest 2078" case, was renewed after the crime of fraud was completed.
The judgment of the court below on unfair sentencing is sentenced.