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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles) Defendant A explained to the victims that C University was prepared to obtain authorization of educational background of the U.S. higher education, and the above university is equipped with facilities to the extent that it satisfies the standards for authorization of educational background of the U.S. higher education.
Since victims are also registered with the knowledge that the degree of the above university is not recognized in the Republic of Korea, the defendant is not guilty of deceiving the victims.
Even if a deception on deception, such as a registration fee, is recognized, the sales proceeds of CDs against some victims shall be excluded from the amount of deception.
B) Since the Defendant did not have the intent to defraudation with H, and the Defendant had the intent and ability to repay to the Defendant at the time of borrowing, the Defendant’s fraud with N was committed against N, and the money that the Defendant received from N was registered as a director by deeming that the victim would contribute the money as the director’s contribution, there is no obligation to repay to the victim.
2) Although the Defendant, who received money from the victims who were acquitted, in the same manner as that of the victims who were found guilty, the lower court acquitted the Defendant of this part of the facts charged. (b) The lower court asserts that the Defendant’s imprisonment (one and half years of imprisonment) against the Defendant is too unfeasible, and that the prosecutor is too unfasible and unfair.
2. Determination
A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the Defendant also asserted the same purport as the grounds for appeal in the lower court.
As to this, the court below rejected the defendant's assertion by stating in detail the decision on the defendant's argument in the "reason for the determination of the crime."
In addition, we examine the following circumstances acknowledged by the evidence duly adopted and investigated by the court below.