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(영문) 청주지방법원 2013.11.01 2012노71
사기
Text

The part of the first judgment excluding compensation order and the part against Defendant A in the second judgment, respectively.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by each court below of the grounds for appeal by Defendant A (the imprisonment of 10 months with prison labor of the first judgment and 1 year with prison labor of the second judgment) is too unreasonable.

B. Defendant G’s ground of appeal 1) The Defendant’s assertion of mistake of facts was in progress with the auction procedure, among the money relationships that were not settled between Co-Defendant A and Co-Defendant A (hereinafter “Vinna”).

hereinafter referred to as “the instant letter of apology”

(B) In the case of a person who wishes to take over and operate a part of the profits accruing from the receipt and operation of a service provider, only lent the name to enable him to take the name of his business license under the name of the defendant at the request of A, and there was no fact that he engaged in a business with A. In addition, the defendant means a person who intends to lease and operate a service provider (a person who intends to lease and operate a part of a facility, such as a

) On the request of the service provider to introduce and request, H, which was well known to the service provider due to the absence of any other service provider, was introduced to A, and after consultation between A and H, the Defendant entered into a contract with the victim W, etc. service provider, and there was no fact that the Defendant directly introduced the service provider or participated in the process of concluding the contract. Furthermore, the Defendant believed that A would normally open the instant letter of friendship because the lease deposit received from the service provider could be sufficiently appropriated for operating the instant letter of friendship with the lease deposit received from the service provider at the time, and thus, A could not open the business due to the wind that A would normally use the deposit received from the service provider for the first time. Therefore, even though A was aware that it was not capable of properly opening the instant letter of apology, it does not allow A to enter into the lease contract with A with the victim W. The lower court’s allegation of unfair sentencing (5 million won) is unreasonable.

C. Regarding Defendant G of the Prosecutor’s grounds for appeal

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