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(영문) 서울고등법원 2015.12.22 2015노1447
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

As to the part obtained through deception of KRW 300 million around April 6, 2007, the defendant shall carefully consider the success possibility and progress of the project in the case where the defendant invests the funds from the victim F and G (hereinafter "victims") in a third party, and shall accurately notify the victims of this situation, while investing the amount equivalent to the funds invested from the victims in Q Q Co., Ltd. (hereinafter " Q"), it shall not be sufficiently considered the success possibility and progress of the project, and the fact of the investment shall be concealed to the victims, and as to the part obtained through deception of KRW 30 million around October 19, 2007 and KRW 100 million around November 30, 2007, it shall be recognized that the defendant agreed to receive KRW 70% of the principal in return for introducing the victims to M, the victims shall always be present at the time of the occurrence of the development project, and it shall be recognized that there was no possibility of the victims' failure to fully explain or complete the development project within 60%.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts and misapprehension of legal principles.

The Defendant, around 2006, had considerable knowledge about development projects in the Real Estate Development Business Company D, which was operated by C, performed the business site and the examination work related to authorization and permission.

On December 8, 2006, the Defendant entered into a purchase contract for 7,040 square meters of forest land E (hereinafter “E forest”) in e in order to promote a development project for a factory, but the access problem to the above land, which is a blind land, is not resolved.

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