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(영문) 수원지방법원 2012.11.08 2012노3095

사기

Text

Defendant

All appeals by prosecutors are dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles with respect to the interpretation of the "Agreement on Casinos", which is the date on which the Defendant actually operated, PACOR, which is the government-invested organization in charge of casino business including the casino in the Philippines, as of April 1, 2009, has the meaning of the provisional contract, and there is no yet to have been concluded the above MOA in a regular manner. Thus, there is no room for cancellation of the above MOA on the ground of nonperformance of the terms and conditions in the above MOA as stated in the facts charged, and there is no fact that the PAGR has cancelled it. In addition, in relation to the interpretation of the "Agreement on Casinos", which is the starting date of the above MOA, this should be deemed as the "date on which PACOR was notarized," which is the date on which the above PAA had been executed, and thus, it cannot be deemed that there was no substantial delay in the execution of the above MOA's business to the extent that it did not exist.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

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