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(영문) 서울고등법원 2018.12.05 2018노1730
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles) fraud (Article 2 (1) of the crime of fraud as indicated in the judgment below) fraud is established (Article 2) (1) of the crime of fraud as indicated in the judgment below). Since the victim company was entitled to sell K products in Korea with the intermediation line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line line 2 of the judgment below

In full view of the facts stated in paragraph (2) of the crime of the lower judgment, the Defendant: (a) was unaware of the content of the instant understanding because the Defendant did not participate in the consultation process between the victim company and the victim company that was conducted on or around February 3, 2014; and (b) was aware that D was not a branch office of the headquarters in Korea; and (c) the victim company was aware that D was not a branch office of the headquarters in Korea. In full view of the fact that the Defendant deceptioned the victim company as stated in paragraph (2) of the crime of the crime of the lower judgment.

shall not be deemed to have been aware of the criminal intent to obtain fraud from the defendant;

There may not be a deception, even if there was a deception.

There is a relationship between the victim's act and the act of disposal.

shall not be deemed to exist.

(2) The Defendant, who is a joint principal offender, was only in charge of practical business affairs related to the sale of the instant goods between D and the victim company, and thus, was recruited with B or functionally controlled.

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