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(영문) 서울고등법원 2017.05.10 2016노3817
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Reasons for appeal

A. Fact-misunderstanding 1) Defendant B (the part concerning the fraud against Victim H) was the same story as the judgment in relation to the purchase of a golf course and received KRW 3.5 billion from the injured party. However, in full view of the following circumstances, the Defendant believed that a plan for the sale of a golf course was completed, and merely introduced A to the injured party, which is the cause of financing, and thus, the Defendant did not have the intent to obtain fraud against the injured party.

(1) A plan for the sale of a golf course actually exists.

The confidential organization called "Public Asset Disposal Agency" was engaged in the sale of the restructuring goods at the government level for the purpose of collecting public funds, and the defendant confirmed that the sale of a golf course is possible through Q of the members of the management office and T of the National Committee for the Enhancement of National Competitiveness.

② The Defendant introduced A as a financing source for the purchase of a golf course to the victim, and A was bound to believe his/her ability to raise funds by introducing U as a re-satisfy, and by introducing U.S.

③ The Defendant received KRW 3.5 billion from the injured party and delivered KRW 3.5 billion among them to A, and returned the remainder of KRW 400 million, excluding the cost 100 million understood by the injured party, to the injured party, and paid KRW 45 million out of KRW 100 million to V (a person who introduced I to Defendant B), respectively. The Defendant has the intention to commit the crime of defraudation of KRW 3.5 billion.

subsection (b) of this section.

2) Defendant C (the part on fraud against Victim G) was aware of the re-power A by the introduction of the author, followed by the introduction of the author, and the introduction of U was made through A. The “A has a number of gold bars of an individual collection, and U is able to make this transaction.”

When a transaction is made, it shall be received from the head of the gold leader in return for 3% of the transaction amount.

However, the consent of the head of the gold bullion shall be maintained for about 10 days the deposit account balance of at least 3 billion won.

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