logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2013.12.05 2013노1056
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. On June 201, 201, the misunderstanding of facts K issued a business plan, test performance table, etc. to the Defendant, if the extraction project was successful in all the test tests.

After reviewing this, the defendant visited the L/WF (hereinafter referred to as the “instant company”) and heard the representative director H and directors G to explain about the business and the opinion that the extraction experiment was successful, and participated in the business.

The Defendant talked with the victim D and her husband J about the extraction project, and they had an active interest in the project, and delivered all the data received from the instant company, and the victim and the J sufficiently reviewed and made a decision on investment.

In other words, the defendant believed to be successful in the extraction project and introduced all the data collected by the defendant to the injured couple, provided the injured couple with sufficient consideration to make investment decisions, provided that the defendant may bring about a monthly profit of KRW 10 million to the injured couple, paid money received from the injured couple to H or used it as expenses for the extraction test, the defendant also invested KRW 36 million with the expenses for the extraction test, and the defendant returned 7 million won to the injured party after the failure of the extraction test. In light of the above, the defendant did not deceiving the injured party.

B. The sentence of the judgment of the court below on unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. The following circumstances acknowledged by the lower court’s duly adopted and investigated evidence on the assertion of mistake of facts, and ① the Defendant paid H KRW 20 million in return for the acquisition of the instant company, and the said money is the right to permit extraction for the said business and the pollution prevention facilities, restoration owned by the said company, the main water tank, the head box, and the plant container.

arrow