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(영문) 서울동부지방법원 2017.07.13 2016노2067
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not deceiving D (hereinafter “victim”).

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The lower court, based on the evidence duly adopted and examined, found the following facts as to the assertion of mistake, i.e., (i) the Defendant engaged in the business of developing and selling screen golf equipment; (ii) there were almost exclusive companies that sell domestic screen golf equipment; (iii) the Defendant was not easy to sell screen golf equipment; and (iv) there was no sales other than selling three screen golf equipment in around May 2013 and up to KRW 20 million; (ii) the victim first refused to make an investment in the Defendant’s business; and (iii) the Defendant was given an order of 10 million screen golf equipment in China, and invested KRW 150 million in the Defendant; (iv) the Defendant was unable to sell the screen or screen equipment after having been ordered in China; and (v) the Defendant was unable to pay the remainder of the funds to the Defendant’s personal employees to the extent that the funds were not returned; and (v) the Defendant was paying the remainder of the funds to the extent that the funds were not returned.

I would like to say.

B. The defendant's judgment on the unfair argument of sentencing.

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