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(영문) 부산지방법원 2017.01.19 2016노2619
사기
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. In the misunderstanding of the facts or the legal principles, the Defendant: (a) has invested a considerable amount of money on the part of the victim, etc.; (b) has partially received allowances by introducing the victim, etc.; (c) has not conspired to commit fraud through a similar recipient company and role sharing; or (d) has not received an investment money from the victim; and (c) the Defendant would have paid the dividend and principal to the victim.

In other words, there is no fact of deceiving the victim, and there was no intention to commit the crime of defraudation by the defendant.

B. The sentence of the lower court’s improper sentencing (nine months of imprisonment) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. On December 23, 2014, the Defendant: (a) made a false statement to the effect that “The first dividend shall be paid 35 days after the date of the initial dividend if the Defendant made an investment in this Company in the Grand Office, which was located in the Grand Office of Busan City, developing a program that would make profits regardless of whether there was a D’s game company; and (b) would pay 10% of the monthly investment amount as dividends; and (c) the principal shall be repaid on or around March 29, 2015; and (d) obtained the delivery of KRW 20 million from the injured party on the same day.”

2) The Defendant, around January 5, 2015, has the victim “E” in the instant officetel, and the head office is located in Canada.

In order to make an investment in this Company, 10% has been made as a dividend for 10 months after the month in which profits have been made and 10% has been refunded the principal and 7.2 million won has been invested after the month, i.e., false remarks to the effect that the dividend amount is up to 12%, i.e., KRW 7.2 million from the victim on January 5, 2015, KRW 7.2 million around January 20, 2015, KRW 24 million around February 27, 2015, KRW 1.2 million around March 6, 2015, and KRW 8.4 million around April 2, 2015.

3) The Defendant: (a) around March 27, 2015, F.m., Busan National Cemetery around Busan.

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