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(영문) 서울서부지방법원 2017.01.26 2016노1562
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 charges by misunderstanding the fact that there was no deception by the victim E, F, or G in collusion with the co-defendant D of the lower judgment, and even if the Defendant did not intend to deceive the victims as he actually promoted the horse race track business in Kazakh, and did not intend to deceive the victims.

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

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, D was aware of the fact that the Defendant was introduced by the Defendant through I and found a person to invest in the business to build a horse race track (hereinafter “instant business”), the Defendant was in the position of the General Director-General, and the Defendant had D raise funds necessary for the instant business, and D demanded the victim E to engage in horse race track business around June 2009, and D was in the state of investment of KRW 50 million.

D. The fact that D, however, did not have invested KRW 50 million in the business of this case, that D and the Defendant told D to the effect that D would have invested KRW 50 million in the business of this case, with the introduction of the victim E, F and G, and the Defendant expressed to the effect that D explained about the business of this case, as stated in the attached list of crimes in the judgment below, the Defendant and D need to provide funds in relation to the business of this case, or that the office expenses or office expenses are required, and that D and D received KRW 96 million in total from the victims, as stated in the attached list of crimes in the judgment of the court below. However, it is very important to implement the business of this case.

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