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The prosecutor's appeal is dismissed.
Reasons
In light of the fact-finding, misunderstanding of the legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and fraud, the judgment of the court below which acquitted the defendant of this part of the facts charged, despite the fact that the defendant could have recognized the criminal intent of deception and deception, is erroneous in the misapprehension of the legal principles and the misapprehension of legal principles, in light of the following: (a) the defendant deceptioned the victim K at the time of the investment in this case as if it was almost sexually sexually sexually dead; (b) the victim K was not well aware of the progress of the advertisement as an simple investor; (c) the defendant knew that he was decided to purchase a performance ticket in Hyundai Motor Vehicle; and (d) the defendant was paid investment money from the victim T by deceiving as if he was decided to purchase a performance
The sentencing of the court below's improper sentencing (one million won in penalty) is too unfluent and unfair.
Judgment
On August 2013, the summary of this part of the facts charged is that the Defendant was aware of the fact that the Victim K received a proposal to operate the “L development project” from the Incheon Free Economic Zone Office, and then examined the validity of the project with the said victim. As such, the Defendant was unable to raise funds necessary for public performance due to the lack of property owned by the Defendant, even though having tried to hold the “M” performance directly proposed by the said L, and was in mind to receive funds necessary for public performance from the said victim.
The Defendant, at around June 17, 2014, at the office located in the food store operated by the victim of the victim A, Dong 3, Yeonsu-gu, Incheon, Incheon, the Defendant, “P” located in the office of food store operated by the said victim. If the said victim holds a New performance from Spain’s famous DJ club, and from September 12, 2014 to September 14, 2014, he/she may increase the sales of KRW 8 billion by advertising company’s cooperation, Twit ticket sales, and side leasing, etc., and may also comply with L’s development project rights.
. needed for the performance.