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(영문) 서울중앙지방법원 2014.01.08 2013노2977
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.

2. The judgment of this case is the case where the defendant did not take any specific measures to promote the PC franchise business and did not promise to provide apartment houses to financial institutions as security from the PC development, but the defendant borrowed the interest of KRW 360 million required by the company providing 35 million to obtain a loan for the PC franchise business currently being promoted to the victim D as security, the above company would return the interest of KRW 40 million after five months plus the interest of KRW 40 million. Since it is possible to yield profits of KRW 50 million in the last three months, the above company acquired KRW 80 million in the E-stock company as the amount of KRW 40 million in total from the victim as the borrowed money and the stock price.

The facts that the Defendant led to the Defendant to commit the instant crime and consider equity in the case of fraud, etc. with which the judgment has become final and conclusive, etc. are large amounts of money to KRW 400 million in favor of the Defendant, or fraud amount to KRW 400 million, and the Defendant agreed with the victim on November 23, 2012 and received a receipt of KRW 200 million from the victim on December 30, 2013, there is no amount actually repaid, but there is no amount actually repaid by the victim; the Defendant acquired money from the victim without taking any measures to secure the possibility of success in the PCF franchise business without taking any specific measures to secure the possibility of success in the business, and immediately acquired money from the victim regardless of the purpose of borrowing the money, such as office operating expenses, real estate investment expenses, etc.; there is a number of criminal offenses including four criminal offenses; and the records and arguments of the instant case including the Defendant’s age, character and behavior, motive and circumstance of the crime, circumstances after the crime, etc., the lower court’s sentence cannot be unreasonable.

3. In conclusion, the defendant's appeal is without merit.

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