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(영문) 서울서부지방법원 2013.10.29 2013노750
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defrauded of December 30, 2008, based on his own judgment, invested KRW 200 million. At the time, the assets of the instant wedding hall were more than KRW 900 million and the number of weddings was more than 90 million, but only the dividends that the victim promised to pay to the victim was not paid since the number of weddings was reduced thereafter. 2) On January 30, 2009, the defrauded of January 30, 2009, lent KRW 100 million to the victim according to the decision of the board of directors in order to resolve the problem caused by the bad management of the wedding hall, and it does not belong to the defendant and did not lend the above money.

3) At the time of the Defendant’s fraud on March 31, 2009, the Defendant explained such circumstances by having 300 million won or more invested by the JJ Association and received KRW 130 million from the victim. Since then, due to the change of circumstances in the JJ, the Defendant did not pay the said money to the victim. (B) The sentence imposed by the lower court of unfair sentencing (one year of imprisonment is too heavy).

2. Determination:

A. On December 30, 2008, the judgment of the court below on the fraud of December 30, 2008, based on each evidence duly adopted and investigated by the court below, i.e., the following circumstances acknowledged by the evidence that the court below lawfully adopted and investigated, i.e., (i) the victim recommended the victim to invest in the instant wedding consistently from the investigative agency to the court below to the court below, but the victim decided to make an investment of KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,00,000.

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