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(영문) 서울중앙지방법원 2017.02.15 2016노3427
사기미수등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (the fraud) Defendant A (the fraud) directly committed against the victim G (hereinafter “victim”).

Japan's credit, which was forged in the facts charged, (hereinafter referred to as " Japan's credit of this case").

There is no fact that there is no difference in lending 5 billion won as security to B, and there is no fact that there is no conspiracy to acquire the money of the victim by the same method as B.

2) Defendant B (a) (a) did not request or lend to the victim the instant Japanese claims as security, as stated in the facts charged, KRW 5 billion to or from the victim, and the victim did not want to report the original Japanese claims. However, the victim wants to report the original Japanese claims.

It is only the request to respond to it.

There is no fact that deception was conducted, and the forgery does not fall under the “public inspection” or “production” of the crime of deception of securities.

② The Defendant did not know that Japan’s claim was forged.

B. Improper sentencing (the Defendants)’ sentence is heavy.

2. Determination

A. 1) Fact-finding on the Defendants’ assertion of misunderstanding of facts

The office of an authorized broker was set up as a good.

② Defendant B purchased the instant land at a higher price than the market price of 12 billion won, and contacted the victim. At that time, Defendant B had contact with the victim regarding the instant land trading.

③ On January 4, 2016, Defendant B sent to the victim a photograph of the instant Japanese claim and the documents (such as the present deed, the copy of the creditor AA’s passport, etc.) that show that the instant claim is true and genuine, around January 4, 2016.

(4) When the victim wants to confirm the actual amount of the claim that he/she received by photograph, Defendant B shall show himself/herself.

Seoul on the day of the instant case.

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