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(영문) 서울중앙지방법원 2014.04.10 2014노550
사기
Text

The judgment below

Among them, the part of the crime No. 1 of the judgment against Defendant A and the part against Defendant B shall be reversed.

Defendant .

Reasons

1. Scope of the trial of the political party, and a summary of the grounds for appeal;

A. Defendant A1) The lower court sentenced Defendant A to six months of imprisonment with prison labor, six months of suspended execution, and two years of suspended execution with respect to each of the crimes set forth in Article 1 as indicated in the judgment against Defendant A, and the part concerning the crime set forth in Article 1 as stated in the judgment against Defendant A, and the part concerning the crime set forth in Article 2-B as stated in the judgment against Defendant A was separated and confirmed without appeal by both the prosecutor and the Defendant. Thus, the scope of the judgment of the lower court is limited to the part concerning the crime set forth in Article 1 as stated in the judgment of the lower court. 2) The summary of the grounds for appeal is unreasonable because the lower court’s imprisonment with prison labor

B. Defendant B (1) misunderstanding of facts) No. 2 of the decision of the court below

A. The first 15 million won out of the fraud amounting to 25 million won is the officetel purchase fund, but after the purchase was not made, the above amount was used as the operating fund of M Co., Ltd., which operated with the defendant A, and the above amount was additionally received under the same pretext, so there was no deception, and since the above company did not perform its export business as planned, it was merely a failure to repay for the ex post facto reasons, and there was no intention to commit fraud.

B. No. 2 of the decision of the court below

B. With regard to each fraud of paragraphs (1) and (2), the victim did not commit deception that stated that “the victim will list 20% of the shares and 100 million won,” and all of the frauds in paragraphs (1) and (2) merely did not perform the export business of the above company as planned, and thus, there was no intention to commit fraud.

2. The 8-month imprisonment sentenced by the lower court to Defendant B is too unreasonable.

2. The background and content of the Defendant A’s crime of determining unfair sentencing, and the sum of KRW 25 million to the victim H before the lower judgment is rendered, shall be paid or deposited, and a total of KRW 30 million shall be additionally deposited in the trial.

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