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(영문) 수원지방법원 2012.12.20 2012노1067

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the defense counsel's opinion that was submitted after the deadline for submitting the grounds for appeal is determined only to the extent of supplement in case of supplement of the grounds for appeal stated in the statement of grounds for appeal submitted within the above deadline) of the judgment of the court below, the defendant merely introduced the victim to E after hearing the victim's statement that he wishes to invest in the shares of E Co., Ltd. (hereinafter referred to as "E"), and all of the 10 million won invested by the victim was remitted to E's business account and used in E. The defendant did not deceiving the victim, or obtained money from the victim.

2. On March 5, 2010, the court below found the following circumstances, which were duly adopted and examined by the court below. ① On March 5, 2010, the defendant signed a certificate of stock custody (Evidence No. 7 pages) under the victim’s name as if he was delegated or permitted to H’s representative director, and issued it to the victim as if he was the victim’s agent, but H stated that the above certificate of stock custody was not stated in the investigation process and there was no fact that the victim received KRW 10 million as a price for stocks (Evidence No. 160, 161 page) and the first instance court stated that there was no fact that the victim transferred KRW 10 million to a new bank account under the F’s name, and that the defendant did not know at all at the time of the transfer of KRW 10 million,000 to the above bank account, and that the defendant did not have ordered the victim to grant a certificate of stock custody to the victim. ② According to the statement of H’s intent that he had not listed stocks in the E-listed stocks.