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(영문) 광주지방법원 2015.10.29 2015노1171
사기등
Text

All appeals by the Defendants and the Prosecutor against Defendant B are dismissed.

The judgment of the court below is against AJ, AM, AO, AP, and N.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1 was aware of the fact that Q Q was engaged in the microcredit business, and there was no conspiracy to commit the crime of fraud.

Even if the defendant is accomplice, the defendant's participation in the criminal act is after January 2012 in light of the entry and departure records and statements of BD, and thus, the No. 1 to 74 of the crime list should be excluded from the criminal period of the defendant.

B) On May 25, 2013, KRW 10 million, which the Defendant in violation of the Attorney-at-Law Act received from BD on the ground of repayment of the principal and interest of loans, and KRW 10 million, which was received from BP on May 28, 2013, is not for solicitation or mediation to an investigation agency, since it was received as the cost of attorney-at-law appointment. 2) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment, and additional collection) is too unreasonable.

B. Defendant B (1) misunderstanding of facts) The Defendant merely performed the instructions of Q, a total book, and did not play an important role within the organization. (2) The lower court’s sentence of unfair sentencing (seven years of imprisonment) is too unreasonable.

C. Defendant C and F1 is an organization of misunderstanding of facts) Bophishing, and the Defendants are merely responsible for telephone inducement and do not recognize any functional control over the entire Defendants’ criminal acts. Therefore, the Defendants did not have conspired to commit the entire criminal acts, and the Defendants are liable only for the amount of damage caused by the team members to which the Defendants belong.

B) Criminal facts of the organization, such as BD and AX, among the facts charged by Defendant C ( Daejeon District Court 2014No2779, hereinafter “BD team”).

(C) Of the facts charged by Defendant F, the amount overlaps with the criminal facts of the 63,530,998 won which are overlapping with that of the 688,88,695 won and the 112,937,61 won which overlap with the criminal facts of the 688,888,695 won and BD team from January 9, 2013 to February 28, 2013.

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