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(영문) 창원지방법원 2014.08.13 2014노554
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant (De facto mistake) was investing KRW 267,00,000 in cash from the victims and used KRW 263,668,830, most of the investment amount as business funds, etc., it is difficult to recognize that the Defendant had a criminal intent to acquire money in the name of investment funds.

Nevertheless, the judgment of the court below which found the defendant guilty on the charge of deceitation is erroneous by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. The prosecutor (e.g., imprisonment with prison labor) of the lower court is deemed unreasonable as it is excessively unhued.

2. Judgment on the defendant's assertion

A. In light of the following circumstances, in full view of the evidence duly examined and adopted by the court below, the defendant did not have entered into, or was scheduled to enter into, a garment total sales contract with Subdivision Korea Co., Ltd. (hereinafter “Written Korea”), as stated in the facts charged, the defendant concluded or is scheduled to enter into a garment total sales contract with the victim even though he did not have the intent or ability to engage in the business of manufacturing and selling the clothing by entering into a garment total sales contract with the garment Korea, and the fact that he/she deceivings the victims as if he/she had sufficient financial capacity for the garment manufacturing and sales business, and by deceiving them from the victims under the pretext of investments.

At the time of lending money to the defendant as stated in the facts charged in the court below, the victim D instructed the defendant to prepare for the original parts necessary for producing the product from the "Chora Korea".

In six months, the contract was almost finalized.

“,” and “the amount of KRW 200 million invested by two other investors, 200,000,000 in total, shall consist of 400,000 won.

"......"

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