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(영문) 인천지방법원 2015.09.02 2015노2467
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts with the victim of the Marine Corps was carried out with the same business as the victim of the Marine Corps, and there was a creation of sufficient conditions for promoting the project, so it cannot be deemed that the victim was defrauded by deceiving the victim.

(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. The following facts can be acknowledged in full view of the evidence duly admitted and examined by the lower court in fact-finding.

(A) The victim was a person retired while working for a long time in the metts Fire, etc., not between the Defendant and the Defendant, but between the Defendant and the Defendant, and the Defendant’s introduction of T, a plan for the Marine Corps Camp-related business around June 2012.

At the time, the Defendant did not have a certain amount of income as a credit bad, and did not have any property under the name of the Defendant, but did not have any specific property, but neglected his re-determination due to the fact that the Defendant continued to inherit large amounts of property in the course of the teaching system with the victim and owned

(B) On June 8, 2012, the Defendant: “Around June 2012, the Defendant would create a Marine Corps Camp for the Marine Corps, which is within the country of origin of the Marine Corps, which can be used by juveniles at a low cost, and would be helpful to society by creating a society; the Defendant purchased the closed school, which was used as an infant middle school in Incheon, and made a Marine Corps Camp for the Marine Corps. The Defendant would be 90 million won out of the total amount of reserve 1.5 billion won expected to be in reserve and prepare for the Marine Corps camp for the Marine Corps.” The Defendant recommended investment in the Marine Corps Camp for the Marine Corps, while soliciting investment in the Marine Corps Camp.

However, at the time of soliciting the victim to make an investment, the Defendant did not have prepared a business fund equivalent to KRW 900 million, and sought several reserve soldiers from the Marine Corps and the promotion of the business.

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