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(영문) 서울중앙지방법원 2018.11.09 2017노3037
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

The abstract of the grounds for appeal (the document submitted after the lapse of the period for submitting the reasons for appeal shall be considered only to the extent of supplement in case of supplemental reasons for appeal)

In fact, misunderstanding of the legal principles (as to each fraud), the Defendant did not agree to return the principal to the victims, and the victims knew that the principal and profits may not be guaranteed as a person with considerable stock investment experience. Even if the Defendant had agreed to guarantee the principal, the victims believed this entirely.

Therefore, the defendant is not deceiving the victims.

The punishment of the court below (two years of imprisonment) which is unfair in sentencing is too unreasonable.

The prosecutor's (unfair sentencing) sentence of the lower court is too uncomfortable and unfair.

In full view of the following circumstances, the lower court’s judgment on the Defendant’s assertion of mistake and misunderstanding of the legal doctrine and the evidence duly admitted and investigated by the trial court, the Defendant deceptioned the victims as stated in the facts charged of each of the instant fraud.

Since it can be sufficiently recognized, the defendant's mistake of facts and misapprehension of legal principles are without merit.

E, I, L, and J of each of the instant fraud crimes are victims of each of the instant frauds, “The Defendant shall guarantee the principal and at the same time guarantee high profits.

“The Defendant believeded to the effect that it was “ and delivered cash or stocks, etc. to the Defendant.”

On the other hand, the defendant denies the fact that he/she agreed to guarantee the principal to the victims (the 2016 senior group 7630 pages 104, 116, 3rd group 10, 13rd group 207 senior group 2207 senior group 65th group).

The above statements of the victims coincide with each other, and the defendant has received a final and conclusive judgment of conviction (criminal experience in the judgment of the court below) for the criminal facts that he/she has acquired money from many victims by guaranteeing the principal by means of several methods similar to each of the crimes of this case, and the defendant E.

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