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(영문) 서울서부지방법원 2017.12.21 2017노983

사기등

Text

The defendant's appeal is dismissed.

All applications filed by applicants for compensation shall be dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles)

A. In relation to embezzlement, the Defendant used both the purchase, intermediate payment, and all other expenses of the “G”-public notice box (hereinafter “public notice box”) located in the Northern-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant used or embezzled money in breach of the entrusted purpose.

The defendant did not have the intention of illegal acquisition, and there was no intention of illegal acquisition.

B. In relation to fraud, the Defendant did not pay the money because he did not properly proceed with the business due to the following reasons, such as the withdrawal of investment by joint business operators, even though he had the intent and ability to repay, and there was no intention to commit fraud.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of misunderstanding the facts about embezzlement or misapprehension of the legal doctrine: (i) if both the victim C, D, and E invested KRW 53,330,000 from the Defendant first, the remainder of the notice sales price and operating expenses would be provided and run by the Defendant’s methods such as leasing the telecom.

(2) Therefore, even though the money invested by the above victims is used as joint business operators, such as gold and tax, even among the remaining money, the Defendant used most of 52.3 million won of joint business operators’ money received from the above victims for personal debt repayment, game items purchase, etc., and ③ as the Defendant’s assertion, the Defendant paid money to H, a seller of the money received from the victims by means of an intermediate payment, etc., but this is merely a circumstance after the Defendant embezzled joint business operators’ money as above, and the Defendant paid the money by part payment, etc.