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The judgment below
The part against the Defendants is reversed.
Defendant
A. 2017 Godan7045, 2018 Godan1200.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts (1) As to the fraud of each of the investment funds in the case of 2017Da7045 and 2018 Godan1200 as indicated in the judgment of the court below, Defendant F Co., Ltd. (hereinafter “F”).
2) The lower court’s punishment (2) on the Defendant of unfair sentencing (2) on each of the crimes in the case of imprisonment with prison labor for 4 years and 2017Kadan7045 on each of the crimes in the case of imprisonment with prison labor for 4 years and 2017Kadan8437 on each of the crimes in the case of 2017Kadan7045 as indicated in the lower judgment and the fraud of the investment money. In relation to the violation of the Act on the Regulation of Unauthorized Receipt of Money in the Case of 2017Kadan7045 as indicated in the lower judgment and the fraud of the investment money, the part on the victim BP, I, and CS is not an actual victim or an investment money, and is not an actual victim or an investment money.
B. Defendant B1) With regard to the fact of fraud of each of the investment funds in the 2017 senior group7045 and 2018 senior group 1200 cases as indicated in the judgment of the court below, the Defendant did not take charge of the computerized management of the payment of allowances and dividend to investors, but only carried out the simple business of printing out and delivering the payment details according to A’s instructions, and there was no fact of deception against the victims, and there was no intention of defraudation. 2) The sentence of the court below against the Defendant of unfair sentencing (two years of imprisonment) is too unreasonable.
2. Before the judgment on the grounds for appeal by the Defendants’ ex officio, the Prosecutor ex officio examined the Defendants’ grounds for appeal, and the Prosecutor, at the trial of the Party, requested the Defendants to amend the amendments to the indictment with the content of “29,719,580 won” in the aggregate column of the crime sight table “219 times, 54,919,580 won” as “217 times, 529,719,580 won” in relation to the fact that there was a violation of the Act on the Regulation of Fraud and Unauthorized Receipt of Investment Money among the facts charged in the case of 2018 Godan1200 against the Defendants. This is subject to the judgment by the Court.