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(영문) 의정부지방법원 2017.09.26 2017노1790
사기
Text

All appeals filed by prosecutors and Defendant A shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (Defendant A: imprisonment with prison labor for 10 months, and fine of 3 million won for Defendant C) that the lower court sentenced the Defendants is too uneasible and unreasonable.

B. Defendant A1 also believed the content of the “written confirmation of investment”, which was forged and presented by J, and introduced victims to Defendant C, J, and B, and there is no fact that Defendant deceivings victims.

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendant is too unreasonable.

2. Determination as to Defendant A’s assertion of mistake of facts

A. A. Around March 2014, the Defendant, B, and C of the facts charged: (a) around March 2014, the G company of Germany agreed to jointly carry out the business of attracting H's musical words held by the G company in the Republic of Korea; (b) but (c) as the said German company failed to provide a down payment for the musical contract with the said German company, I attempted to deceiving the victims to acquire money by deceiving them as if the victims were aware of the foregoing musical business 20 billion won investment.

around April 20, 2014, the Defendant, J, B, and C decided to invest the victim M and the victim N in the 7th floor office of the Gangnam-gu Seoul Metropolitan Government Office of K Building, and the J decided to invest the victims in the amount of KRW 20 billion from I to 20 billion immediately.

H Lending KRW 200,000,000,000 from I to make an investment of KRW 20,000,000,000,000 to be paid from June 20, 2014.

“I have made a horse, and was on the side thereof.”

B The introduction of B, “(State) I Vice President, this person will make this investment.

The phrase "the debtor is called, "C has prepared a cash custody certificate with the director of the dispute resolution committee, and delivered it to the victims, and the defendant is also able to repay the personal property to the victims if there is a problem."

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