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(영문) 대구지방법원 2018.12.13 2018노1679
방문판매등에관한법률위반등
Text

Of the judgment of the court of first instance, the part against Defendant A and the judgment of the court of second instance shall be reversed in entirety.

Defendant

A shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (the judgment of the court below of first instance) and misunderstanding of the legal principles, or B (the corporation D prior to the mutual change; hereinafter “B”) are merely a company that purchases “token and Q education programs” rather than a multi-level company, and Defendant A merely purchased through B and did not perform foreign exchange business.

Nevertheless, the judgment of the court below which found all of the facts charged guilty is erroneous by misunderstanding the facts or misunderstanding the legal principles.

2) The sentence sentenced by the lower court (2 years of imprisonment with prison labor for Defendant A) is too unreasonable.

B. Defendant A (the lower judgment of the lower court No. 2) and 1-A. of the facts charged: (a) misunderstanding the facts or misunderstanding the legal doctrine; (b) 1-A. of the facts charged: the Defendant merely recommended the victim to make an investment in D, and the decision of investment was made based on the victim’s own judgment; thus

② Paragraph 1-B of the facts charged: The Defendant merely borrowed money to the victim for personal purposes, and did not borrow money for the purpose of purchasing frycos. Thus, there is no deception for the next use.

(3) The indictment No. 1-C.

A port: A situation that could not be predicted that the detention of the accused is the detention of the accused is a failure to repay to the victim, and it does not have the intention of defraudation from the beginning.

Nevertheless, the judgment of the court below which found all of the facts charged guilty is erroneous by misunderstanding the facts or misunderstanding the legal principles.

2) The sentence sentenced by the lower court (4 months of imprisonment) is too unreasonable.

(c)

(1) A prosecutor (as to the judgment of the court below of first instance), 1) misunderstanding the facts (as to the portion of the crime attached hereto, 224, 322, 323, 394, 415, 442, 443, 450, 472, 474, 479, 505, 506, 2) 125, 223, 224, 283, 295, 343, 344, 351, 371, 373, 375, 390, 406, 409, 450, 406, 508, 2) 125, 22323, 224, 283, 29, 373, 375, 390, 407, 409, and 1).

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