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(영문) 대전지방법원 2012.11.08 2012노1087
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of Defendant B (one year and six months of imprisonment, three years of suspended execution, and 160 hours of community service) is excessively unreasonable.

B. Defendant C1) The above Defendant merely provided a joint and several surety for the receipt of money from the victim, and there is no conspiracy for deceiving the victim. 2) The sentence of the lower court (one year of imprisonment, two years of suspended execution, and 80 hours of community service) is excessively unreasonable.

2. The following circumstances revealed from the evidence duly adopted and examined by the trial court and the court below regarding the defendant C's assertion of mistake of facts, i.e., ① the above defendant appears to have signed the column for joint and several sureties of the agreement to return investment funds retroactively from January 9, 2007. The reason why the above defendant was listed as joint and several sureties is that the victim demanded the above defendant to be appointed as a representative director as a joint and several sureties, the victim seems to have been aware of the involvement of the above defendant. ② The defendants argued that if the defendants borrowed from the victim and borrowed the money from the victim and borrowed the money from the victim, it is possible to process a receipt for the expenses, but there was no actual loan. ③ Even according to the statement of the defendant Eul, the defendant Eul and the defendant Eul were in charge of the capital of the corporation Eul, and since December 18, 2006, the above defendant was in charge of business as the representative director, and the defendant was actually in charge of the capital of the corporation, which appears to have been acquired from the victim.

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