(영문) 서울남부지방법원 2020.01.30 2017노1853

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(영문) 서울남부지방법원 2020.01.30 2017노1853

사기

Text

The judgment below

The part concerning the defendant shall be reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. Co-defendant B of the lower judgment that actually operated misunderstanding of facts D, and that taking charge of agency recruitment and sales by receiving deposits from victims is Co-defendant G of the lower judgment, and the instant crime was committed only by them, and the Defendant did not commit any act.

In light of the defendant and defense counsel's assertion made on the date of the first trial of the court of the first instance, it seems that the defendant and defense counsel's assertion on the case of 2014 high-ranking

B. The sentence imposed by the lower court (four years of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below's decision on the assertion of mistake of facts and evidence duly adopted and investigated by the court of original instance and the court of original instance, i.e., the defendant overall control over the company's business as the chairperson of the company D at the time of each of the crimes of this case, ii) the defendant claimed the business concerning the manufacture and sale of Lao tobacco, which is the basis of each of the crimes of this case, and sought to have the person in charge of each of the business, coloring the business and invested in part of the initial capital. ③ The defendant, in the process, led Co-defendant G of the court below to make a decision on the manufacture, import, sale, publicity, listing of the company's stocks through various meetings with the above company's officers and the above G, and ④ The defendant was present at the business presentation or product delivery company held at the above company's location, it can be sufficiently recognized that the defendant participated in each of the crimes of this case in collusion with co-defendants of the court below.

On the same premise, the judgment of the court below is just, and it does not seem to have been erroneous.

Defendant’s assertion of mistake cannot be accepted.

B. Each of the instant crimes on the assertion of unfair sentencing is a large number of business plans.

유사 판례

-서울남부지방법원 2015.08.13 2014고단2319

-서울남부지방법원 2016.07.28 2014고단2319 (1)

-서울중앙지방법원 2014.05.16 2014노455

-부산고등법원 2016.12.22 2016노465

-울산지방법원 2021.04.22 2020노806