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The judgment below
Among them, the compensation order part against Defendant B and the remainder of the compensation order part against Defendant D are excluded.
Reasons
1. Grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)
A. As to Defendant A (in fact-finding, unreasonable sentencing) ① fraud, the Defendant was hospitalized in a deep border around August 2008, and thereafter did not participate in the management and franchise store agreement of L Co., Ltd. (hereinafter “L”) thereafter, Defendant A (in fact-finding, and unfair sentencing). As such, the Defendant did not participate in the business management and franchise store agreement of L Co., Ltd. (hereinafter “L”) from Nos. 8 through 11 of
(2) The sentencing of the lower court (three years and six months of imprisonment) is too unreasonable.
B. Defendant B (Definite and unreasonable sentencing) ① In relation to the fraud (including the part against the victim J), the elevator fishing prevention project (hereinafter the business of this case) is very promising business, such as the progress of the amendment procedure of the relevant legal provisions. Although Defendant A and Defendant A invested a large amount of money after concluding a partnership agreement with Defendant A, Defendant A, who has technology, was unable to properly manage and engage in the same kind of business, such as reducing L’s public funds and establishing AW and AX, and there was no intent to obtain fraud at the time of signing the franchise agreement with each of the instant member stores.
② Although L’s public funds were temporarily borrowed in relation to the occupation of occupational embezzlement (including single crime), there was no intention to acquire illegal profits since M Co., Ltd. (hereinafter “M”) borrowed L’s public funds with the intent of embezzlement, not with the intent of embezzlement, and since L was unable to normally operate due to a tax investigation, etc., it was established AY Co., Ltd. (hereinafter “AY”) and paid much more money than the above borrowed money.
(3) The sentencing of the lower court (three years and six months of imprisonment) is too unreasonable.
C. As to the fraud, Defendant C (M) and (1) did not participate in the process of concluding L's franchise store contracts or receiving deposits as the representative director, and there is no fact that Defendant A, B, and the defrauded of deposit.
(2)