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(영문) 대전지방법원 2016.06.09 2015노3357
사기
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant directly paid some of the benefits to the victims, and the victims were paid benefits by mutual consent with the victim F.C (hereinafter “C”).

In addition, the defendant did not deception the victim F as stated in the list of crimes in the annexed sheet, and the victim F was merely spent at will by the victim F while operating C. Therefore, the defendant deceivings the victims.

The judgment of the court below that found the defendant guilty is erroneous in the misapprehension of facts, although it cannot be seen.

2) The sentence sentenced by the court below to the defendant (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unfasible and unfair.

2. The summary of the facts charged in the instant case is the actual operator of C and D Co., Ltd. (hereinafter “D”) for the purpose of collecting and selling aggregate, and the victim F will be paid KRW 2.5 million per month to the victim F at the C office located in E around July of 2012 in the official city of official city around July of 2012.

A false statement shall be made, and around September 2012, the victim F will pay the victim F with the purchase cost, etc. of the parts of the aggregate on behalf of the victim and pay the victim F with the purchase cost, etc. of the parts of the aggregate.

“False speech” was made.

However, in fact, the above company operated by the defendant could not have actually been imported because it was affected by serious financial difficulties, so even if the victim F and G were employed as a cafeteria in the victim F and G as a cafeteria, the victims did not have any intent or ability to pay wages or to reimburse the expenses for the operation of the defendant's operating company.

Nevertheless, even though the defendant deceivings victims and let them work in the aggregate extraction pool, the defendant paid 6,250,000 won from July 26, 2012 to October 11, 2012.

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