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(영문) 대구지방법원 2017.02.10 2016노4971
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the instant facts charged despite the fact that the Defendant was actually running the D-solar power plant business and was able to transfer the said power plant to the victim, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. The court below rejected the assertion and judgment of the defendant and his defense counsel in detail under the summary of the evidence of the court below on the same argument as the grounds for appeal. According to the evidence duly adopted and examined by the court below, the circumstances presented by the court below on the grounds of guilt are just, and in addition, ① Hadong-gun and the defendant operated.

According to the investment agreement entered into on March 16, 2012 by M, the Defendant cannot sell and sell or transfer the right to operate and profit from the solar power plant (Article 5 subparag. 3 and Article 21 subparag. 3, etc. of the above agreement), and the said power plant is to be donated to the subordinate Gun upon the expiration of the project period of 15 years, and the Defendant received investments of KRW 120 million from N for the business of solar power plants, and paid the profits therefrom to N for seven years after the completion of the solar power plant, and the Defendant did not inform the victim of all the above circumstances to the extent that the Defendant was unable to transfer the solar power plant to the victim, as shown in the facts charged in the instant case, it can be sufficiently recognized.

The judgment of the court below that found the Defendant guilty of the facts charged of this case is just, and it is so decided as per Disposition by the Defendant.

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