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(영문) 수원지방법원 2018.12.18 2017노4151
사기
Text

The judgment of the court below is reversed.

Defendants are innocent.

Reasons

1. Summary of grounds for appeal;

A. Defendants (1) misunderstanding the facts is not the Defendants, but the Defendants are not the Defendants, on the grounds that the Defendants: (a) J representative director of the D Co., Ltd. (hereinafter “D”); and (b) Doctrine-purpose corporations for business restructuring by obtaining the change in the name of the Plaintiff’s consent to use the instant project site from D; and (c) Doctrine-type corporations for business restructuring by requesting the recruitment of investors necessary for the instant project implementation, such as prop work; and (b) Doctrine-type corporations for the management of victims to enter into a contract with N

In addition, in the case of the apartment project of one regional housing association, the funds for the purchase of the site are provided as the entrance fee, sales deposit, intermediate payment, etc. paid by the members of the association, and the defendants explained these circumstances to the victims.

In addition, the Defendants, prior to receiving the instant money from the victim, should make the victim work a prop for the change of name as a special purpose corporation from D, and notified the E Co., Ltd. (hereinafter “E”) of the fact that they applied for legal management, so they did not deceiving the victim, and there was a criminal intent to defraud the Defendants.

shall not be deemed to exist.

(2) The sentence of the lower court (Defendant A: one year of imprisonment, two years of suspended sentence, 10 months of suspended sentence, and 2 years of suspended sentence) is too unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.

2. Judgment on the Defendants’ assertion of mistake of facts

A. The summary of the facts charged is that Defendant A is responsible for apartment project of the regional housing association in Ansan-si (hereinafter “association apartment project”), and Defendant B is a person who manages funds in relation to the recruitment of members (sale agency) by proxy by the chairperson of the association apartment project.

In fact, D, the executor of the partnership apartment project, is due to managerial difficulties.

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