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(영문) 서울중앙지방법원 2017.06.22 2017노1140
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of borrowing the loan, was deprived of the competition to select a casino developer, but still has been promoting the complex cooking business, so the Defendant was entitled to exercise the right to vicariously engage in advertising business on behalf of the victim, and was granted the license for the hotel business.

There is no fact that the victim did not talk, and there is no intention or ability to repay the borrowed amount within one month, and the judgment of the court below which found the defendant guilty of the facts charged in this case, which affected the conclusion of the judgment by misunderstanding the fact that the defendant did not have committed a deception.

B. The punishment sentenced by the court below (20 million won) is too heavy or (the defendant).

2. Judgment on the grounds for appeal

A. The defendant's assertion of mistake of facts is not accepted, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, since the defendant's deception can be fully recognized.

Victim G consistently with the facts charged from the investigative agency to the original trial, is entitled to receive full payment within one month from the Defendant’s lending of money, and to act as an agent for the hotel business in progress, and is also authorized to act as an agent for the hotel business in the same Ri.

It was discussed that

There is no special circumstance to deny the credibility of the above statement.

Defendant

In addition, it is recognized that it gives a commercial facility sales advertising right to build a hotel within the resort development area.

A certified copy of the registry of the corporation registry of H which the defendant operated by the defendant shall be recorded in the whole of tourism accommodation business, international conference business, travel business, food entertainment business, casino business and complex cooking-related incidental business.

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