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(영문) 의정부지방법원 2015.04.28 2015노728
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant borrowed only the name of the business operator to C, and actually operated the “E” company, as C, C had deceiving the victim, and the Defendant did not deceiving the victim.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court duly adopted and investigated the following circumstances: (i) the Defendant, along with C, was established with the company “E” and registered as the representative in around 2010; (ii) the Defendant was the primary business of attracting funds from investors by providing that it would make a profit upon investment; (iii) the Defendant was friendly with the Victim G; (iv) the Defendant was friendly with the Defendant through M; and (v) the Defendant was able to make an investment by introducing the Defendant through M; and (v) the Defendant was participating in the joint representative of “E” at the time of entering into an investment contract with the victim on May 3, 201, and August 31, 201; and (iv) the Defendant was also aware that the Defendant was well aware of the content of the investment contract with the victim; and (v) the Defendant and C was the Defendant’s account that was wired money to the Defendant’s account and received money from the said investors via the Defendant’s transfer of money to the said account.

2) Therefore, the defendant's above assertion is without merit.

B. On the assertion of unfair sentencing, the Defendant is an initial criminal without criminal power, and the instant crime is committed.

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