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(영문) 서울중앙지방법원 2017.06.22 2016노5212

사기

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for a year and April, and for a defendant B, for a period of ten months, and for a defendant C.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) Defendant A’s Paragraph (a) of Article 1-2 of the facts charged by Defendant A (A) was used to serve as the president of the J (hereinafter “J”) but only was in charge of the import of famous items, but K was in charge of the sale of merchandise coupons and the financing of funds. As such, Defendant A did not have committed deception against the victim L, R and Q, as stated in the facts charged.

B) The Defendant 1-B(b) of the facts charged did not recommend the Victim L to purchase an A-D motor vehicle or deceiving the Victim L to bear an installment, etc.

C) No. 1-C. 1-2 of the facts charged does not constitute the elements of fraud, inasmuch as the Defendant A did not encourage the victim L to provide a loan by taking advantage of the vehicle as security, and the victim L did not incur any damage by using most of the loans.

D) No. 1 of the facts charged No. 1-D. L was a victim of the card, in consultation with K, and there was no part of the Defendant A, and the Defendant A was two times after the first card tin, and three times of tin, the card tin was so called the so-called “refising” to fill the first card tin, and it is difficult to view it as a new damage.

2) Defendant B(A) of the facts charged No. 1 of the facts charged against Defendant B(A) L was going to work daily from September 201 to J, used the vice president’s position, and recommended the Plaintiff R Rabn who was one of the victims and Q Q, who was one of the victims, to make an investment after becoming one of the parties’ relationship with K.

Defendant

B did not make this entry into the victim RB Q, and did not encourage the victim L to make investments.

B) The 1-B victim L of the facts charged was the vice president of J and was well aware of the operation of the company and the financial situation of the company, and Defendant B did not participate in the purchase of the A-D vehicle upon discussion with K.

C) No. 1-C. 1-3 of the facts charged did not participate in the process of offering the victim L's U.S. as security and lending money.