(영문) 수원지방법원 2015.02.04 2014노6270 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2015.02.04 2014노6270

사기

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, along with the victim of misunderstanding facts, decided to invest Mongolian G (hereinafter “G”) in the gold mine development project implemented in Mongolia (hereinafter “private gold mine development project”), and accordingly, the Defendant received funds from the victim as well as the Defendant, and made some investments. The remainder of the investment due to force majeure caused by exchange rate breadth, etc. was delayed and then the investment was suspended due to G’s non- cooperation. As such, the Defendant did not induce the victim to make an investment even though there was no intent or ability to make an investment in the private gold mine development project.

Therefore, the lower court which found the Defendant guilty of the facts charged of this case erred by mistake of facts.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Before making a judgment on the grounds for appeal ex officio, the Prosecutor's judgment in this case's charged facts of this case's "the national bank account in the name of H in the case of the defendant's operation from the victim."

9. Oct. 10, 100,000 won was paid, and the amount of KRW 50,000,000 on the 25th of the same month was paid to the remitter as above, and the victim had the remitter transfer USD 120,000 to the account in I’s name.

“The victim received KRW 50,000,000 on September 10, 2008 from the national bank account in the name of H in the management of the Defendant, and caused the remitter to transfer USD 120,000 to the I’s account on September 25, 2008, by having the remitter as H in the resolution of the dispute resolution committee.

The judgment of the court below was no longer maintained because the subject of the trial was changed by the application for changes in the contents of the judgment.

B. The Defendant’s assertion of misunderstanding of facts is still subject to the judgment of this court, despite the existence of ex officio grounds for reversal of facts on the Defendant’s assertion of misunderstanding of facts.

1. The facts charged.

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