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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2020.10.16 2020노1462
사기등
Text

Of the judgment of the court below, the part of the judgment of the court of first instance and that of the judgment of the court of second instance against Defendant A.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant entered the BY (hereinafter “BY”) through the job offer advertisement, and actually carried out the work of “pre-inspection of real estate auction goods” from September 21, 2019. The team leader’s order to receive the money from the Defendant to receive the money from the victim C was aware of the investment funds of the small investors, and did not have any awareness that the Defendant was involved in the crime of fraud of the criminal organization “Singing”.

Therefore, the Defendant did not conspired to commit the fraud of the judgment of the court of first instance and did not intend to commit the crime of fraud.

Nevertheless, the judgment of the court below which convicted the defendant of this part of the facts charged is erroneous in misconception of facts.

B. 1) The sentence sentenced to the first and second decisions by the court below against the Defendants A (the first and second decisions by the court below: imprisonment with prison labor for three years and six months), and the sentence sentenced to the second decision by the court below to the Defendant N (the imprisonment for eight months) is too unreasonable and unfair. 2) The above sentence sentenced to the Defendants by the court below by the second decision by the public prosecutor to the Defendants is too unreasonable and unfair.

2. Prior to the judgment on the grounds for appeal by Defendant A ex officio, prior to the judgment on the grounds for appeal by Defendant A’s ex officio, the judgment of the court below was rendered to Defendant A, and the court filed an appeal against both the judgment of the court below. This court decided to hold concurrent hearings of the above two appeals cases. Since each offense of the judgment of the court below against Defendant A is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the part against Defendant A (excluding the part on compensation order) among the judgment of the court of first and the judgment of the court of the

However, despite the above reasons for ex officio destruction, the defendant A's assertion of mistake still exists.

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