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(영문) 서울고등법원 2016.09.02 2015노3413
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

Summary of Grounds for Appeal

Defendant

It is reasonable to view that the U.S. corporation E (E. ; hereinafter referred to as “E”) continued technical problems and continued to have difficulty in operating a normal company. Since there was no job creation performance, one of the requirements for granting conditional permanent sovereignty, there was no possibility of allowing the victim to obtain permanent residency through EB-5 investment immigration programs. Moreover, even if the victim did not receive conditional permanent residency application until the date actually promised to do so, there was no intention to obtain permanent residency from the victim from the time of receiving the conditional permanent residency application from the victim.

Nevertheless, the lower court found the Defendant not guilty on the ground that there is no evidence to acknowledge the criminal intent of deception and deception by deception.

Judgment

A prosecutor ex officio made an application for amendment to a bill of amendment to the indictment to the effect that the facts charged in the instant case are changed as described in Paragraph (1) below, and this court permitted this, and thus the judgment of the court below is no longer maintained. However, the prosecutor’s grounds for appeal are still subject to the judgment of the court, despite the grounds for ex officio reversal, and the prosecutor’s grounds for appeal are still subject to the judgment of the court. The summary of the facts charged as to the prosecutor’s grounds for appeal (the changed facts charged is a permanent resident of the United States, who operates the manufacturing and selling company of wind power generation under the name

On April 2013, 2013, when the Defendant was a dynamic friendly group of the Defendant in G cafeteria located in Gangnam-gu Seoul, Seoul, and invested 500,000 U.S. dollars or more in the victim H company at that time, the Defendant may receive conditional permanent sovereignty visa visa from the EB-5, and then go to the U.S. until March 2014.

p. When the process of property formation is prepared and submitted only in a transparent manner, all the remainder.

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