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(영문) 수원지방법원 2015.07.22 2015노1467
사기
Text

The judgment below

Part concerning Defendant A and C shall be reversed.

Defendant

A 2012 Godan4799 and.

Reasons

[1] Defendant A, B, F, and G

1. Summary of grounds for appeal;

A. The sentence of Defendant A (4 years of imprisonment) by the lower court is too unreasonable.

B. As to the fraud of the victim AL (after the opening of name: EK; hereinafter “victim AL”) among the facts constituting a crime of 2012 high group5594, the victim AL has invested KRW 180 million independently regardless of the defendant, as a person who has been attracting investors to make an investment in the T University under the direction of A and the network AA, who has been in charge of attracting investments, and has made an investment of KRW 180 million independently from the defendant. Since the above money was delivered to A and the network A, it can be recognized as a joint criminal act with A, it cannot be said that the defendant's sole criminal act is a single criminal act.

B) As to the fraud against AP among the facts of the crime 2012 senior group5594, Q led under A, and received KRW 150,000,00 from AP to AO, and the Defendant delivered all the above money to A, the Defendant was not a person leading the crime of fraud against AP, and the Defendant did not commit the crime independently. (c) As to the fraud against AU among the facts of the crime 2013 senior group2680, senior group 2013 group 2080 group 20, senior group 2013 group 2013 group 2680 group 200 group 200 group 200 group 5594 group 200 group 300 group 5594 group

Defendant merely provided an intermediate role to introduce a person who wishes to employ employees from among the figures to A and the network AA. Thus, the Defendant’s leading and leading the fraud of the victim AU is not an independent crime. D) Nevertheless, the lower court erred by misapprehending the fact that the Defendant convicted all of the facts charged, thereby adversely affecting the conclusion of the judgment (in addition to the Defendant’s defense counsel’s allegation on the grounds of appeal as of May 12, 2015, the above supplement) through (c), and fraud against the victim P among the facts charged.

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