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(영문) 서울중앙지방법원 2021.01.21 2020노872
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that Defendant A solicited the victim to make an investment in the “if an investment is made in the F Co., Ltd., more than twice the investment amount will be guaranteed,” and Defendant B would assist and manage the victim’s F.

The defendant C explained the victim about the F's outlook of increase in value in the presence together with other defendants.

In addition, there is no explanation about the fact that the victim will operate in the multi-level form of the LAF and the corresponding profit structure, and it is recognized that the victim would not have made an investment in the LAF if he had known it.

As such, the Defendants deceptiond the victim as if they are guaranteed high-profit profits when investing in the LAF.

Nevertheless, the judgment of the court below which acquitted the Defendants on the grounds of the circumstances unrelated to the gender of the crime of fraud is erroneous in the misunderstanding of facts and legal principles.

2. According to the records, the victim's statements are not consistent about how the defendants specifically explained about the FF investment to the victim.

Based on this, we examine the reasons for innocence as stated by the court below in comparison with the records, we accept all the judgment of the court below, and there is an error of law by misunderstanding the facts or misunderstanding the legal principles as alleged by the prosecutor.

shall not be deemed to exist.

Therefore, the prosecutor's above assertion is not accepted.

3. In conclusion, the prosecutor's appeal against the Defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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