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(영문) 부산지방법원 2015.09.17 2015노1779

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On April 13, 2012, the Defendant only invested KRW 50 million from the Victim G as a swimming pool rent, and did not borrow it. The Defendant later did not use KRW 50 million as a swimming pool rent. However, the Defendant confirmed the intent of the Victim G and later invested KRW 50 million as a dental acquisition fund. Therefore, the Defendant did not deceiving the Victim G as stated in the facts charged, and did not have any criminal intent at the time of deception. ② On September 12, 2012, the Defendant used the entire amount of construction cost as a bar driving range under the pretext of acquisition. As such, the Defendant did not have concealed the Victim G as stated in the facts charged, nor did the Defendant have been aware of the fact that the Defendant did not actually borrow KRW 17 million from the Victim G as stated in the facts charged, and at the time of deception, he did not have any intention to commit fraud. ③ The Defendant did not have any unlawful act by deceiving the Victim M&D as stated in the facts charged.

Even if the defendant was permitted or reported in accordance with relevant Acts and subordinate statutes, the pool of this case from 2009.

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