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(영문) 창원지방법원 2017.11.02 2017노1221
사기
Text

The judgment of the court below is reversed.

The accused shall disclose the summary of the judgment of innocence.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles: Although the Defendant either performed or intended to perform his/her duties, including interior works, the Defendant unilaterally expressed his/her intent to unilaterally conclude a contract without performing his/her duties; thus, the Defendant failed to perform his/her interior works, and the Defendant was subject to the rescission of a domestic contract.

In addition, since the victim did not fulfill his duty to restore or provide it, the victim did not return KRW 70 million out of the amount received. Therefore, there was no intention of deception or fraud.

B. Improper sentencing: The punishment of the lower judgment (eight months of imprisonment) is too heavy.

2. The summary of the facts charged is that if the Defendant invests KRW 120,000,000,000 in Hanwon-si's apartment coffee shop around 12:00 on October 24, 2014 to the victim D, he/she will perform the interior interior interior interior interior gate of the Changwon-si, Changwon-si, the Changwon-si, the members E and the FF golf course on the second floor (hereinafter "the instant screen golf course") operated within the said money, and will allow him/her to directly operate the business from December 1, 2014, and the investment funds will be returned to him/her at once after three years thereafter, and the contract is terminated during the middle period.

At any time, the said money shall be returned, and the false statement shall be made that the said money will be guaranteed as security for the deposit money for the apartment house residing in the Gu, and the apartment lease contract for an apartment with a deposit of KRW 140 million shall be presented to the victim, and it shall be notarized along with the above written contract.

However, in fact, the Defendant was in the state of floor in which the deposited rent was suspended in the state of suspending the business of the screen golf course at the time, and the Defendant was under investigation by an investigative agency due to the suspicion that the amount of KRW 47,000 million was biased (which was detained on December 30, 2014 and was detained by the court on December 22, 2015).

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