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(영문) 수원지방법원 2013.10.23 2013노3351
사기등
Text

All appeals by the Defendants are dismissed.

Of the compensation order part of the lower judgment, Q, R, S, T, U, W, X.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (in fact-findings, and unfair sentencing) 1) acknowledged the facts of the facts of the crime in the decision of misunderstanding of facts, Paragraph 3, and Paragraph 4 of the decision of misunderstanding of facts. However, in the case of the criminal facts of Paragraph 3 of Article 2-3 of the decision, the court below erred by misapprehending the fact that Defendant A was not involved in the operation of the above "BO" after the closure of the above "BO" and Paragraph 4 of Article 2-4 of the decision of misunderstanding of facts. However, in the case of the criminal facts of Paragraph 4 of the decision, the court below erred by misapprehending the facts that Defendant B was not involved in the operation of the "BV" after the establishment of the "BV" online shopping mall in the decision of misunderstanding of facts.

B. As to the facts of the crime of paragraph (2) of the judgment of erroneous determination of facts, Defendant B was merely the head of “BO” operated by Defendant B, and Defendant B did not exercise overall control over “BS” with Defendant B, but did not deliver A’s instructions to C and D in the middle. However, the lower court erred by misapprehending the facts. 2) The sentence of unfair sentencing (two years of imprisonment) by the lower court is too unreasonable.

C. As to the facts of the crime of paragraph (4) of the judgment of mistake of facts on Defendant E (the mistake of fact, the unreasonable sentencing) 1, Defendant E was merely involved in the mere mere mere participation in the process of sending the goods upon receiving an order, by taking the initiative in the criminal act, such as Defendant E’s attempt to take the president BX of the BX of the Republic of Korea and contact with customers, but the lower court erred by misapprehending the facts.

2. Determination of the accused case

A. Determination of mistake of facts as to Defendant A’s assertion

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