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(영문) 서울중앙지방법원 2016.09.08 2016노822
사기
Text

The guilty portion of the judgment below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, on July 4, 2016, submitted the final summary of the statement of pleading on July 6, 2016, and the Defendant’s defense counsel asserted a mistake of facts with regard to each fraud described in the No. 4 through 8 of the crime sight table by submitting each written summary of the statement of pleading on July 6, 2016, on the grounds that “an action against individual criminal facts” is “an action against an individual criminal facts.” However, it cannot be a legitimate ground for appeal

(1) As to the fraud listed in [Attachment 1] List of Crimes (hereinafter “crime List”), the Defendant was introduced by F as a person who will invest in entertainment rooms to run in I, and received the victim’s total amount of KRW 50 million, and used the said money as an entertainment room’s opening business expenses, but only did not receive any profit since it was controlled for a long time.

Before receiving KRW 50 million, the Defendant did not directly say that the deposit for the lease of the above amusement room was KRW 200 million to the victim.

(2) On September 13, 2010, the Defendant received KRW 24 million from the victim as investment money in entertainment rooms and used it as the purchase money in entertainment rooms.

Although the defendant was in charge of the entertainment room business to W who is a partner, he did not make profits to the victim because he did not make profits.

(3) 범죄일람표 순번 3 기재 사기의 점에 관하여, 피고인은 피해자가 여윳돈이 있다며 필요하면 쓰라고 하여 8,500만 원을 받아 피고인이 운영하던 G 가라오케 피고인은 수사기관에서의 진술 및 이 법원에 제출한 서면 등에서 ‘G 가라오케’를 ‘AX 가라오케’라고도 지칭하는 등 두 상호를 혼용하고 있다.

As seen earlier by the Defendant, it appears that the trade name was changed to “AX AE” while independently operating after being transferred the management right of “G AE” from F.

The term "G Ghana" is only referred to as "G Ghana."

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