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The judgment below
Among them, the part of additional collection against Defendant A and C shall be reversed.
Defendant
A 10 million won from A, Defendant .
Reasons
1. Summary of grounds for appeal;
A. Defendant C1) misunderstanding of facts and misunderstanding of legal principles) Defendant C’s fraud part against the victim J, K, and Defendant C received J or K’s money through L, Defendant A, or Defendant C, but Defendant C obtained approval from P by requesting employment of J and K, and thus, Defendant C did not deceiving J and K. Thus, the lower court found the Defendant guilty of this part of the facts charged. In so determining, it erred by misapprehending the legal doctrine and misapprehending the legal doctrine.
B) Although Defendant C did not have inflicted an injury upon the victim M by assaulting the victim M, the lower court found the Defendant guilty of this part of the facts charged and erred by misapprehending the legal doctrine.
2) The punishment of the lower judgment that was unfair in sentencing (one year and four months of imprisonment, additional collection KRW 24 million) is too unreasonable.
B. Prosecutor 1) According to the statements of the victim F, G, H, and I, even though the lower court found Defendant A guilty of this part of the facts charged, the lower court found Defendant A guilty of the facts charged is erroneous by misapprehending the facts. (A) In so doing, the lower court acquitted Defendant A of this part of the facts charged. (b) The lower court acquitted Defendant A of this part of the facts charged.
B) The sentence of the lower judgment that was unfair in sentencing (one year and four months of imprisonment, additional collection of 24 million won) is too uneasy and unfair (i.e., the amount of perishable property acquired by Defendant C is KRW 44 million, so additional collection for the total amount should be made). 2.
A. In full view of the following circumstances acknowledged by the victim J and the lower court’s duly admitted and investigated by evidence, Defendant C may be deemed to have obtained money by deceiving J and K, and thus, Defendant C may be deemed to have obtained money.