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(영문) 광주지방법원 2017.12.14 2017노1938
사기
Text

The judgment of the court below is reversed.

The accused shall disclose the summary of the judgment of innocence.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 indicated in the crime inundation list of the gold-related facts charged as “the amount obtained by fraud”.

After changing the part of the fraud, the facts charged are as follows: (a) even if the Defendant received the fee including gold from C (hereinafter “D”) operated by D or D from February 27, 2015 to May 8, 2015, the Defendant was not paid to the said customer and acquired the money by fraud.

However, the subject who received fees from D during the above period is not the defendant but the FF operated by the business entity of this case ("G" and "H").

In addition, there are a considerable number of fees paid to the business entity of this case with the exclusion of the fee to the customers.

In addition, some of the above customers are customers who terminated their accession, and they are not obligated to pay money.

In addition, the instant enterprise permits D to pay part of the fee to be paid by D to the instant enterprise on behalf of the said customers. As such, D’s private company paid to D to D with gold, it is the same as the gold actually paid by the instant enterprise.

The death of the instant company is more than 30 persons for customers who did not pay gold. However, the customers who paid gold during the period of the instant business exceed 1,000 persons, and only 30 customers are not paid with gold, and the amount is more than 5 million won. This is temporarily aggravated the financial situation of the instant company due to the transfer of the instant company’s office, temporary decrease in sales, etc., and the instant company was in the process of taking over or taking over the instant company from the Defendant.

Since the termination of the company responsible for the company of this case due to the locking of F is only caused by confusion such as the uncertainty of the person responsible for the company of this case, the company of this case shall pay the above 30 customers at the beginning of the month.

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