특정경제범죄가중처벌등에관한법률위반(사기)
The part of the judgment of the court below against Defendant A among the case against Defendant A is reversed.
Defendant
A shall be punished by imprisonment for two years.
1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendants exaggerated the profits of K Co., Ltd. (hereinafter referred to as “K”) and concealed its liabilities; (b) Defendant A actually operated MF farming association corporations participating in the business of developing an O reservoir in which he completed, and (c) Defendant A actually owns M golf practice halls.
Although it is possible to fully recognize the fact of deceiving the victim by putting the victim into force due to its re-performance, the court below sentenced the defendants not guilty by misunderstanding the fact.
2. The summary of the facts charged of the instant case is to attract investors in order to raise the operation fund of K operated by Defendant A, but not to properly secure the real estate in the name of Defendant B, but to acquire funds from Defendant B, the will of Defendant B, as the operating fund is insufficient.
Accordingly, around April 2010, Defendant B is a victim H's office in Seocho-gu Seoul Metropolitan Government L Building 401, and Defendant B is a side of Defendant B's "lost and beneficial business."
It is well known that the LED business is a part of it.
At the same time, the purport of the phrase “Iman................, the Defendant 1 told the Defendant 1 to arrange for the Republic of Korea, and from May to August of the same year, the Defendant 1 supplied the Defendant 1 with the KS equipment of the K, which the Defendant 1 operated, to the KS with the Defendant 1.
A has a M golf practice hall in the future.
The Defendants refer to the purport that the victim is "," and the Defendants moved the victim to the M golf practice site office located N at the time of Jinjin-si, and the project to develop the O reservoir located adjacent to the M golf practice site is under way, and the participating farming association is A.
MG practice hall also has land in P-friendly society, but has superficies, and is able to carry out construction works and create M golf practice hall by smuggling.