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(영문) 서울중앙지방법원 2014.02.06 2013노3466
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim G was guilty of mistake (1) on October 13, 2011, with an interest in K business with the U.S.I.D. (hereinafter “instantmec business”) that was promoted by the Defendant at the time, and made an investment in the form of a loan by its own judgment and decision, and did not lend money with the short-term maturity. As such, there is no content of deceiving the Defendant.

(2) On February 16, 2012 and March 5, 2012, when the victim G entered into a contract for acquisition of the shares of the Defendant and Co., Ltd. (hereinafter “E”), there was no problem in joint investment contracts and service contracts entered into between E and J companies, a subsidiary company of the said I company. In order to resolve the problem of the lessee's consent of LA building, which was discussed as the location of the location of the location of the instant research project, the Defendant as well as the victim’s employees, and MA, an employee of the victim. While the victims shared all information related to the instant research and investment with the Defendant and low-investment, they did not make any additional investment necessary for the instant research and development of the EM project, but did not receive any additional investment from the victim due to the circumstances of the Plaintiff's failure to make additional investment, and thus, the Defendant could not receive any damage from the termination of the instant research project.

B. The sentence imposed by the lower court (one year and two months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. Determination on the assertion of mistake of facts (1) October 13, 201.

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