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(영문) 부산지방법원 2019.05.09 2018노3689
사기등
Text

Of the judgment of the first instance, the part on Defendant A and the second judgment shall be reversed respectively.

Defendant

A shall be punished by imprisonment with prison labor for five years.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) Of the facts constituting a crime against AL (hereinafter “AV”), Defendant A1 of the lower judgment of the first instance court (hereinafter “Defendant A1”) committed management work while serving as the vice president of AV (hereinafter “AV”), and did not directly deceive the victims, on the grounds that the statute of limitations for each of the crimes set forth in subparagraphs 1 through 16 of the “crime List 2” had already expired. As such, the lower judgment of the first instance judgment that found the Defendant guilty of this part of the facts constituting a crime against AW, AX, and B, among the facts constituting a crime of misunderstanding facts in the first instance judgment of the lower judgment of misunderstanding of facts, was unlawful.

3) The sentence imposed by the lower court of unreasonable sentencing (the first instance judgment: 5 years of imprisonment with prison labor, and 1 year of imprisonment with prison labor) is too unreasonable. B. The Defendant, who operated a soup bank of Defendant LBS, was found to have taken over the sentence through a legal entity while he was found to have taken over the sentence by Defendant A (hereinafter “ Q”).

10 million won was transferred to Defendant A. 100 million won. Afterward, upon receiving the request from Defendant A to rescue business items to attract investments, the Defendant is called “BM” (hereinafter referred to as “BM”).

(B) and BN (hereinafter referred to as “BN”)

(2) The Defendant introduced Defendant A to receive KRW 7 million in the cost, and only received KRW 7 million in the cost, and the Defendant did not collect investment money from investors or acquire investment money from investors. Therefore, the Defendant did not deception the investment money by deceiving investors. Accordingly, the following facts and circumstances acknowledged based on the evidence duly adopted and investigated by the lower court’s judgment and the first instance court’s judgment as to the Defendant L’s assertion, i.e., ① the Defendant A recruits investors in the investigative agency (a prosecutor’s office or the first instance court or the first instance court court).

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