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(영문) 대전지방법원 2013.11.28 2013노2115
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. When the circumstances of the company have deteriorated while the victim of mistake of facts running a D Co., Ltd. (hereinafter “instant company”), he is liable for it, and he is merely transferring 200 shares of the said company to the Defendant voluntarily in the sense that he has the authority to manage the company in the future for business normalization in the future, and does not transfer the said shares in accordance with the Defendant’s deception.

B. The sentence of unfair sentencing (six months of imprisonment and two years of suspended sentence) by the lower court is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the Defendant and the victim, and G established the company of this case around December 2009, the Defendant and G, each of 660 shares issued by the above company, and the victim owned 680 shares in the name of her mother F (However, the victim becomes a joint representative in the above F name), and the victim actually operated the above company until October 2010. ② Meanwhile, the company of this case was awarded a bid for 2.8 billion won with the land and buildings located in Chungcheongnam JJ around March 2010, the company of this case was financed by the above company and 90 million won, and the remaining 90 million won were procured by the Defendant and G, and leased the above building after remodeling it, but its profits were low, ③ the victim and the defendant newly constructed the shares in the name of the investigative agency and the defendant to sell them to the investor at least 2.1 billion won.

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