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(영문) 의정부지방법원 2015.05.12 2014노1420
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The defendant does not pay the above fine.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not receive money by deceiving the victim E and I. 2) The lower court’s sentence of unreasonable sentencing (fine 10 million won) is too unreasonable.

B. A prosecutor 1) In full view of the fact-finding of facts (the fraud against the victim'sO) and the defendant's deception of the victim, part of the defendant's personal use of the damaged funds, and the fact that the defendant failed to deliver the documents intentionally, and the student was not registered in the course of infant care practice, the court below found the defendant not guilty of the fraud against the victim'sO, but the court below found the defendant not guilty of the fraud. 2) The decision of the court below is erroneous in the misapprehension of the legal principles.

2. Determination

A. The judgment of the court below 1 found the defendant's assertion of mistake of facts based on the evidence duly adopted and investigated by the court below, i.e., (1) the defendant prepared a fund inducement agreement between D and D to raise 2 billion won in connection with the acquisition of the instant F building; (2) the victims made an investment in relation to the F building; and (3) the victims made an investment in the F building; (49% in return, the victims made an investment; and (2) the victims made an investment in the defendant's office located in the Seocho-gu Seoul, Mapo-gu, Seoul, to pay the victims with the consideration for the share after acquiring the F building; and (3) the defendant made a statement that "the defendant was in the office at the time of preparation of the contract." The defendant operated the office at the second floor of the C building; and (4) the victims made an investment from D and investors to make an investment in the F building; and (4) the victims made an investment deposit.

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