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(영문) 전주지방법원 2018.11.07 2018노388

사기

Text

The judgment below

Among them, the part concerning the defendant's case and the part concerning the compensation order against the applicant C shall be reversed, respectively.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) With respect to each part of the crime of fraud against the victim T and S (the part of the crime No. 1 in the annexed sheet No. 7 and No. 8 of the judgment of the court below) with respect to the victim T and S (the part of the crime No. 1 in the annexed sheet No. 1 in the judgment of the court below), the R requested the above victims to find out the employment of the above victims and requested them to find out the same together, and the above victims have the above victims wired KRW 11 million for expenses. Of the above KRW 11 million, 9.5 million, the defendant used the above amount as expenses with R and returned KRW 1.5 million to R, and did not receive money under the name of employment without receiving a request for employment from the above victims.

2) As to the part concerning fraud against the victimO (the part concerning the crime of fraud No. 3 in the judgment below), the defendant at the time concluded a contract with P Co., Ltd. (hereinafter “P”) on the business rights in North Korea and established the Z (hereinafter “Z”) in order to continue the above business due to the conflict with P. In order to occur, the victimO was notified of the above circumstances, and registered the victimO as a director of the Z, and paid 20% of the Z share to the victimO, and did not induce the victimO.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. The Defendant alleged the same purport as the grounds for appeal on this part of the lower judgment, and the lower court rejected each of the above arguments by providing a detailed judgment on each of the above arguments under the title “determination of the Defendant and the defense counsel’s assertion” in the judgment.

Examining the above judgment of the court below after comparing it with records, the judgment of the court below is just, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

Therefore, the defendant's mistake of facts is without merit.

(b).