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(영문) 서울중앙지방법원 2013.05.03 2013노346
사기등
Text

The judgment of the first instance shall be reversed.

The punishment of the accused shall be determined by two years of imprisonment.

Reasons

1. The judgment of this court is unreasonable on February 2, 198, since the defendant did not engage in the removal project on the grounds of erroneous determination of the gist of the grounds for appeal (with regard to fraud, ① the defendant listened to the removal project from D and confirmed the separate contract, and the other victim H who believed the end to be the same, and the removal project did not proceed later on the grounds of double contract with D, etc. Accordingly, at the time of receiving the investment, the defendant did not have any criminal intent to acquire the investment money from the victim by deceiving the victim. ② Although the defendant was separately from the victim, the defendant received the above investment money from the victim for the purpose of actually running various businesses, the defendant received the above investment money from the victim, including the investment money related to the acquisition of the right to receive the right to receive the K high-speed steel Business, the grant for the right to receive the K high-speed Steel Business, the grant for the right to receive the investment money, and the investment money in a golf course. At the time of making a decision on

A. Various circumstances acknowledged by the evidence duly adopted and examined by the first instance court and the trial court as to each assertion of mistake of facts, i.e., ① the Defendant has the right to remove the removal project that the Defendant is the victim’s punishment on June 2010, such as F, F, E-ray, and Seoul, and will make 150 million won invest in one of the projects and make the victim gain profits from KRW 100 million within six months. If the progress of the project is impossible, the Defendant would return the investment principal within one month from the receipt of the investment principal.

‘The time of the return of the investment amount and the amount of the return amount, etc. have been written and delivered to the victim around July 2, 2010 as the victim made an investment contract that contains the contents of such an agreement, and ② the victim's possibility of the removal project.

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