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(영문) 서울중앙지방법원 2017.01.12 2016노2444 (1)
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant merely introduced a representative director in the process of the establishment of the KO and the KO and the KOB, and did not intend to commit fraud with B, H, J, etc., and did not intend to commit fraud.

The defendant did not have any participation in the crime related to the KY corporation.

The lower court convicted all of the facts charged of the instant case. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The punishment of the lower court (the crime of No. 1 in its holding: imprisonment with prison labor for 2 years and 6 months, and each crime of No. 3 through No. 5 in its holding: imprisonment with prison labor for 3 years and 6 months) is too unreasonable.

2. Determination

A. The court below asserted the Defendant’s misunderstanding of the facts, after examining B and C as a witness, directly reporting and observing the figures, attitudes, consistency, clarity, and accuracy at the time of the statement. The above witness’s statement as to the facts charged in this case has credibility.

The decision was determined.

In light of the spirit of substantial direct deliberation adopted by our criminal litigation law, the appellate court shall respect the first instance judgment on the credibility of the statement, except in extenuating circumstances. Considering the following circumstances, the lower court’s judgment that recognized the credibility of the statement by the said witness’s statement is unreasonable.

Comprehensively taking account of the evidence duly adopted and examined by the court below, including the above witness's statements, the defendant can sufficiently be recognized as having conducted each of the instant fraud crimes and attempted fraud crimes in collusion with H, B, etc. in the process of the establishment of the corporation of the Dispute Resolution Co., Ltd., V, and YB, and such functional control is also recognized.

This part of the defendant's assertion is without merit.

(1) In relation to the establishment of the KCA, the defendant shall conduct the corporate establishment procedures by printing the nominal lender to be registered as the representative director, and all the affairs, such as opening the mobile phone in the name of the above representative director or the passbook of the corporation.

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