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(영문) 광주지방법원 2012.11.16 2012노1713
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty on the ground that the defendant was invested by the victim D, and the project was well known and did not return the investment money, and there was no intention to commit the crime of defraudation. Therefore, the judgment of the court below is erroneous by misunderstanding the

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is that the Defendant: (a) around the first half of April 201, the victim D and E need KRW 250,000,000 to engage in the Franch Special War; and (b) the Defendant has KRW 150,000,000,000,000,000, and thus, (c) the victim D and E is required to engage in the F 3

If the above money is lent, it shall be repaid within 2 months with a higher interest rate than the market interest rate.

The term "assumed" was referred to.

However, at the time of fact, the Defendant had a total of KRW 135 million worth, including KRW 35 million for the Defendant’s punishment system, and KRW 100 million for the Defendant’s total amount of KRW 135 million for the Defendant’s punishment system. The Francheon Special Zone, planned by the Defendant at the time, required a large amount of KRW 270 million for the Defendant’s surplus funds, and even if the Defendant borrowed KRW 60 million from the victims, it was impossible to hold the exhibition with the above funds, and there was no intention or ability to repay the said funds.

The Defendant, on April 11, 201, transferred KRW 20 million from the victim E, KRW 10 million around April 19, 201, KRW 10 million from the victim D, and KRW 30 million from the victim D on April 22, 201, respectively.

B. We examine the judgment of the court below, and the following circumstances acknowledged by the evidence duly adopted and investigated by the court of this case, i.e., the victims: (i) the investigative agency and the court stated in this court that the required funds for the exhibition of this case are all satisfied when the defendant prepared an additional amount of KRW 100 million; and (ii) the amount of loans KRW 30 million and interest 3.5 million to the victims within two months, respectively.

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