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Defendant
A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the fraud against Defendant A(1) of the victim F by mistake of facts, the Defendant only worked as an employee of H at the time, and did not know at all the management status of H, and thus, there was no intention to defraud money by deceiving the victim F.
(2) The lower court’s improper sentencing is too unreasonable.
B. As to the violation of the Act on the Regulation of Similar Receiving Act against the Defendants’ misunderstanding the facts, the Defendants’ receiving of funds should be deemed as the receipt of the disguised investment in the sale of merchandise coupons, but the lower court erred by misapprehending the fact that the lower court erred in its determination as to the price of goods for the sale of merchandise coupons.
(2) The lower court’s sentence against Defendant A, who was unfair in sentencing, is too uneasible and unfair.
2. Determination
A. In full view of the facts acknowledged by the lower court in accordance with the evidence duly admitted and investigated by Defendant A’s assertion of mistake of facts, the fact that Defendant A, as indicated in the judgment of the lower court, deceiving the Victim F by deceiving the victim as stated in the judgment of the lower court, can be sufficiently recognized, taking into account the following: (a) the status and role of the Defendant (the head of the business, performing duties to explain the business to investors); (b) the specific method and process of the crime
Therefore, Defendant A’s assertion of mistake is without merit.
B. The lower court found the Defendants not guilty of this part of the charges on the grounds that it is difficult to readily conclude that the sales of the gift certificates of this case by the prosecutor alone constitutes only a case where the sales of the gift certificates of this case are likely to be regarded as having received money without the transaction of the goods, as it is difficult to conclude that the sales of the gift certificates of this case by the prosecutor disguiseds or ices the transaction of the goods.
In light of the record, a thorough examination of the evidence of this case is conducted.