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(영문) 인천지방법원 2018.07.06 2018노779
사기등
Text

The appeal by the defendant and the prosecutor shall be dismissed.

Reasons

1. Reasons for appeal;

A. Defendant 1) As to the amount of KRW 50 million investment in shares, the victim, as to the Defendant’s and another person’s investment of KRW 50,000,00,000,00,000,000, in consideration of his experience and knowledge, since the victim, as to the Defendant’s and another person’s investment in shares, he would have a prompt hearing of the Defendant’s investment in shares from next to the Defendant, a director of the H cooperative, the president of the H cooperative, and could have a considerable profit in light of his own experience and knowledge, and in fact, it cannot guarantee the principal of the investment in shares, or ensure the profits of KRW 10,00,00,000,000,000,000,000,000,000

B) As to KRW 100,000, the Defendant and the victims included in Q doctoral degree that all the Defendant and the victims would manufacture health food, etc. using soma thyd new materials. On December 10, 2014, the victim made an investment of KRW 100,000 to sell Somad health food to China through H Cooperatives on December 16, 2014, and made an investment of KRW 40,000 directly to Q Q separate from the Defendant. The Defendant did not deceive the victim since the Defendant actually paid the invested amount from the damaged person to the establishment and operation cost of the corporation in China, the office cost, raw material purchase cost, etc. in Q from Korea.

C) As to short-term stock investment amounting to KRW 20 million, the Defendant already received KRW 20 million from the injured party on January 16, 2015, before receiving KRW 20 million from the said injured party, the Defendant requested the J to make an investment of shares for the victim with the said money, and attempted to deliver the money received from the injured party to China by directly bringing to China. However, the Defendant did not make an investment of shares from the middle of February 2015 to the wind of requesting the return of the money invested.

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