(영문) 제주지방법원 2014.07.10 2014노196 | 리걸엔진

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Reasons

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(영문) 제주지방법원 2014.07.10 2014노196

사기

Text

The judgment below

The remainder, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for one year.

(b).

Reasons

1. Summary of grounds for appeal;

A. Although the fact that the lease deposit in the game room was transferred to E at the time of receiving an investment from misunderstanding of facts C was notified, the fact that the premium and machinery equipment for the game room was offered as a security for transfer was not known to the Defendant.

On March 2006, the Defendant, with the consent of E, replaced the Gadra game machine to the Gadow game machine on April 2006, and resumed the game room business on April 2006, but only did not distribute profits due to mechanical malfunction, such as excessive discharge of merchandise coupons, etc.

The defendant is not guilty of acquiring KRW 100 million as investment money by deceiving C, and the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous of law.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts: (i) the Defendant: (a) borrowed KRW 95 million from E around October 13, 2005 while preparing for the game room business with investments from D, N, andO; (b) transferred the right to refund the deposit money for the game room to E as security; (c) additionally, KRW 150 million was invested on November 9, 2005; and (d) provided all machinery and equipment, such as the premium and the game machine in the game room, to E as security for transfer (C and the lower court’s testimony at C and E, etc., solicited the Defendant to directly invest in the said game room business; (c) the Defendant led the conclusion of the above contract for transfer of security; and (d) the Defendant was not found to have led the operation of the game room in the name of 150,000,000 won.

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