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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of three years and a fine of three hundred thousand won.
The defendant above.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of the facts or misapprehension of the legal doctrine) Defendant 1’s fraud against the victim D [2017 order 1813], the Defendant excluded the victim D from F Co., Ltd. (hereinafter “F”) and established a separate company with the said victim, thereby concluding an exclusive agreement with E on domestic broadcasting and advertising businesses independently with the said incorporated company.
There is no fact that the notice was given.
The above victim's statement that corresponds to this part of the facts charged is not reliable.
On the other hand, the annexed list (1) 4 to 6 of the annexed list of crimes in the judgment of the court below is only the money that the above victim independently disbursed for the awareness of the opening of G, not the money that the defendant received.
After all, the defendant did not deceiving the above victim, and did not perform a disposal act by omitting the above victim's error.
B) There was no fact that the Defendant told the victim K, L, and L to the fraud of the victim K and L [2017 Height 1830] that the Defendant would give a written consent to the use of land on the face of the purchase and sale deposit amount of KRW 300 million.”
Rather, the NN did not properly proceed with the wind that the above victims did not pay the agreed investment money.
Ultimately, the defendant did not deceiving the victims, and there is no relation between deception and the victims' disposal act.
2) The sentence of the lower court (the first instance court: the imprisonment of 2 years and 10,00 won: the imprisonment of 2 months and 2 months: the imprisonment of 6 months and the fine of 300,000 won) is too unreasonable.
B. The lower court’s sentence No. 1 of the Prosecutor is too unhued and unreasonable.
2. Before determining the grounds for appeal by the defendant and the prosecutor ex officio, the court of first instance and the court of appeal by the court of first instance held the defendant together with the appeal by the court of first instance and second instance. Each offense of the defendant's first and second judgment by the court of second instance is a concurrent offense under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the term or amount of punishment for which concurrent offenses have been aggravated under Article 38(1) of the Criminal Act.