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(영문) 서울고등법원 2018.05.10 2017노3440
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) The Defendant was operated by mistake of fact

F had the ability to contribute to broadcasting, such as D, because the F had a record as an entertainment planner, by supporting the broadcast contributions, various performances, events, etc. of the number of persons under his control, and by taking charge of the sales of copyright fees upon the registration of the source of music, etc., and the number of persons had been engaged in entertainment, and therefore, the F had the ability to contribute to broadcasting, such as D.

B) The Defendant sought an opportunity to contribute to broadcasting by using the money received from D for deferred guidance and the introduction cost for the persons related to broadcasting to contribute to D, but did not contribute to broadcasting due to lack of solvency, etc.

2) The victim H and I’s frauds with the victim H and I will invest KRW 300 million in the entire project including the entertainment business operated by the Defendant.

The Defendant promised to provide H with an explanation of the possibility of the occurrence of profit from the X-ray program, and the Defendant did not make an investment in the amount promised by H while preparing for the X-ray program.

B) The Defendant did not know the I himself, and did not commit a deceitful act, such as soliciting direct investment to I.

3) The Defendant was in violation of the law of fraud and defense against the victim J, and the Defendant was required to pay back money from the J because of the need for the preparation of the contact of the FJ X affiliated to the F that he operated, and was detained in solicitation of the J to the investigative agency.

No money shall be received for a solicitation by making a false statement, such as an offer.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination on the assertion of mistake of facts 1) The summary of the judgment of the court below is as follows, which are acknowledged by the evidence duly adopted and investigated, i.e., victim D.

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