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(영문) 인천지방법원 2014.04.25 2014노638
사기
Text

Defendants shall be punished by imprisonment for eight months.

However, it is against the Defendants for two years from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. Although the defendants did not have any intention to deceive the victim or to defraud money as stated in the judgment of the court below, the court below erred in finding the defendants guilty of the facts charged of this case by misunderstanding the facts, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination:

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendants are married couple, i.e., the head of the Incheon branch office E-S., Co., Ltd., and the defendant A was in charge of managing members and sales of the above company; ii) the class of members of the Incheon branch office E-S. is in the order of "general member-agency - General - branch office - branch office"; among them, the number of members of the agency's class is increased to the top class in which the company's goods should be purchased; when the member of the agency's class purchases the company's goods and raises the total class of the company's goods, the defendant B, the principal class, is entitled to sharing allowances and recommendation allowances; iii) the agency's members of the E-S. branch office at the time may receive a separate rate from the head office's sales proceeds of the goods from the head office; and (iv) the agency's members of the E-S. branch office at that time are senior members with no income.

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