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(영문) 서울남부지방법원 2013.05.03 2013노210
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was known to the effect that the F’s business license for the instant white club was revoked, and that the Defendant signed and sealed a written agreement made between the Defendant and the victim according to the H’s instruction, who is the operating authority of the said white club. As such, the Defendant did not have the criminal intent to obtain fraud, and there is no fact that the victim was deceiving.

2. Examining the evidence duly adopted and examined by the court below in light of the record, the defendant's assertion is without merit, since it was not clear whether the victim can transfer his/her business license and business registration name to the victim at the time of the preparation of the agreement of this case, and it can be sufficiently recognized that the defendant, even though he/she was aware of such circumstances, was deceiving the victim as if he/she would transfer his/her business license and business registration name to the victim.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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