(영문) 서울남부지방법원 2015.07.16 2015노356

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자간(%)

(영문) 서울남부지방법원 2015.07.16 2015노356

사기

Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

[Defendant B]

1. In full view of the victim I’s consistent statement as to the part of the defendant’s participation in the grounds for appeal, written contracts in the name of the defendant and the defendant A, written work of documents and acquired money, etc., the fact that the defendant conspireds with the defendant A to commit the instant crime

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby acquitted the Defendant.

2. As to the facts charged that the Defendant conspired with the Defendant A to deception the victim I and to deception the victim KRW 30 million from the victim believed that it is true, the lower court acquitted the Defendant of the facts charged on the ground that it is not somewhat insufficient to recognize the Defendant’s conspiracy as stated in the facts charged in the facts charged in light of the following: (a) it is difficult to believe the victim’s statement related to the principal contents that constitute the Defendant’s deception; and (b) whether the Defendant agreed in advance to divide the cost of establishment with the victim with the victim despite the lack of the ability to establish the foundation; (c) the details of the Defendant’s actual duties; (d) the details of the Defendant’s consultation and service contract for the promotion of joint business; (e) the amount and character of the money the Defendant received from the Defendant and the victim; and (e) the motive and process in which the Defendant and the victim promoted the establishment of the foundation; and (e) it is difficult to view that the Defendant

Even according to all evidence submitted by the prosecutor at the original trial, it is difficult to recognize that the defendant, in collusion with the defendant A by deceiving the victim in the same manner as the facts charged, and there is no other evidence to acknowledge this differently.

Therefore, not guilty of the facts charged in this case.

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