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(영문) 대구고등법원 2018.04.18 2017노500
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

A. 1.2 billion won as stated in this part of the facts charged (hereinafter the instant KRW 1.2 billion) is the fraud of investment funds related to the establishment C business, E Co., Ltd. (hereinafter the instant company) in which the Defendant was operated by the injured party.

(3) The patent company’s shares and three patent rights held by the above company (hereinafter the patent right of this case) for the purpose of the company’s normalization are invested under the condition that the above company’s total shares were transferred by the defendant as security and 25% of the company’s shares for the purpose of the company’s normalization.

The instant KRW 1.2 billion was already paid to the Defendant before May 2012, which started for the first time to discuss C’s grant support to be established in 300, a traditional house in the steel frame, and was not money related to C’s grant support (C grant support related to KRW 700,000,000 paid to the Defendant on March 6, 2012 from the victim’s side). Therefore, the Defendant did not deceiving the victim as stated in this part of the facts charged.

B. The victim entered into a contract to purchase the said mine from Mongolia, the owner of the said mine, after completing the fact-finding verification of Mongolia's K mine (hereinafter the instant mine) and the relevant public agencies of Mongolia, and entered into a contract to purchase the said mine from Mongolia, the owner of the said mine.

The above contract is a personal contract between the victim and L, and only the defendant recommended the purchase of the mine of this case to the victim who aided at the time when the company of this case is difficult.

The defendant received US$500,000 from L after the above sales contract, and when the market purchase was not made, some of them were returned to L.

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