logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.11.29 2018노922
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. He knew the circumstances that the victim company should purchase the land to H, and that there was no deception as a method of a prop-based joint project, and H also did not have the consent of 100%, and the need to purchase the land.

The victim company transferred L/C's existing investment funds to the victim company and transferred the shares to the victim company. Accordingly, the victim company returned the defendant C's existing investment funds.

B. Defendant C was in the same position as the victim company and L, who did not have an accomplice relation with Defendant B, and did not deceiving the victim, and instead did not want to return funds.

(c)

The sentencing of the lower court (the Defendants: 10 months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence of determination as to the assertion of mistake of facts, it is false that the Defendants conspired to operate the victim company with the consent of residents, thereby enabling reconstruction of the method of a prop joint venture, and return L’s investment money and giving L’s equity interest.

It is recognized that the charges are charged for receiving money or acquiring pecuniary profits by false means.

The Defendants’ assertion of factual mistake is without merit.

F and J, which introduced A to H and H, are running a reconstruction project as a prop joint project by Defendant B, and have obtained all necessary residents’ consent.

the Commission.

Comparedly made statements.

Defendants do not assert any circumstance to suspect the credibility of F and J statements except H.

As the victim company is the time corporation enters into force, the defendant B, as a representative of the prop, prepared a contract under the name of the "prop joint business contract".

Article 4 of the contract, "A (Defendant B)" shall provide a security to the financial institution designated by B (victim Company) after the receipt of authorization and permission, and at the same time the loan occurred, B shall pay the down payment and the relocation expenses.

arrow