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(영문) 인천지방법원 2020.10.06 2020노2024
사기등
Text

Of the judgment of the court of first instance, the part against Defendant A and the judgment of the court of second instance shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. In regard to the part on the crime of fraud against the Defendants (as to the first instance judgment), as to the mistake of facts (as to the part on the crime of fraud against the Defendants), the part on the crime of fraud (as to the Defendants), 2019Kadan699, the members failed to maintain the K fraternity because they failed to make a timely payment of the fraternity, and only the short period was reversed and failed to pay dividends, and there was no fact that the Defendants enticed the victims.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B) As to the part of the crime of fraud 2019Da3525, the Defendants received money from the victims, but this was merely paid money from the victims as membership fees, and the Defendants solicited the victims to make an investment under the pretext of establishing and operating the weight control center, or acquired investment money under the said pretext. Nevertheless, the lower court convicted the victims of this part of the facts charged. Accordingly, the lower court erred by misapprehending the facts, which affected the conclusion of the judgment. (2) The part of the crime of violation of the Labor Standards Act against Defendant A by misapprehending the facts, was not only KRW 10 million but also KRW 305 million. The unpaid wage does not amount to KRW 305 million.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence (Defendant A: Imprisonment with prison labor for a year and six months, Defendant I: imprisonment for a year and one year) and the sentence (Defendant A: imprisonment for a period of eight months, the completion of a sexual assault treatment program, 40 hours, and restrictions on employment) imposed by the court of first instance on the grounds that the sentence imposed by the court of first instance is too unreasonable and unfair.

2. Prior to the determination of the grounds for appeal by Defendant A by authority, the arguments have been combined in the trial by filing an appeal against the judgment below.

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