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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendant did not receive from the injured party the remainder of the money excluding 1,2, 11,9510,00 won in the list of crimes (1, 1, 2, 1, 100,000 won in the table of crimes) among the amount obtained through deception as stated in the judgment of the court below, and there was no intention to commit deception, fraud, or illegal acquisition for the victim.
Nevertheless, the judgment of the court below which found the defendant guilty of the remainder of the facts charged except the non-guilty portion as stated in the judgment of the court below is erroneous.
2. Determination
A. A. The summary of this part of the facts charged was around November 2008 by the Defendant, at the coffee shop near the Sungdong-gu Seoul Metropolitan Government Sungdong-gu, to the victim D with “Is China’s business experience and, in particular, booms.
If 100 million won is invested, it may be sold through the domestic sales agency by importing shots from China, and the investment proceeds may remain due to the handling of containers by receiving the deposit money from the agency and receiving the repayment of the investment money.
“.....”
When the injured party refuses to make a recommendation for investment by the defendant, the defendant again established the victim on March 2010, "E-limited company" (hereinafter "E") at the Government's contribution from Vietnam around December 2009, and manufactured inside and outside 60 tons of container 1,600 tons and exported to Korea. The defendant selected two domestic companies and granted the exclusive sales right of domestic charcoal.
In 209, the relationship of relationship with the personnel of the executive branch in E was generated from the beginning of 2009 to the selection of the monopoly supplier at this time.
The down payment is a condition that the deposit amount is KRW 200 million and the early KRW 100 million is paid within one year after the payment.
If a domestic distributor selects six places and recruits an agent, the initial expenses shall be paid within two months after guaranteeing the profit of the agency in or out of KRW 300 million.
corporation shall be incorporated.