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(영문) 의정부지방법원 2016.11.29 2016노2244

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. Error 1) As to the fraud, ① the Defendant did not deceiving the victim by concluding a sub-lease contract with respect to the F 1st floor, and the Defendant is a T&P Korea Co., Ltd. (hereinafter “T&F Korea”) that leased F.

(4) The Defendant was aware of the victim’s investment in D’s capital, and there was no causal relationship between the capital increase plan and the victim’s investment. ③ The Defendant’s lending of part of the investment received from the victim to other companies run by the victim was for cooperation in the operation of D’s duty-free shop business, so it cannot be deemed that the above companies were inconsistent with the purpose of investment at D’s duty-free shop business, and there was no deception or fraud by the Defendant in light of the fact that the Defendant was fully repaid within 2-3 months. The victim invested in the duty-free shop business of the Defendant and the victim’s investment in the business of the 2-free shop business, and the victim did not own the investment in the 2-free shop business of the 2-free shop. The victim was aware of the progress and content of the business and the risk of the investment in the 2-free shop. However, the Defendant did not own investment in the 4-free shop for 2-month business.