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(영문) 울산지방법원 2016.09.23 2016노949
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the statement of the victim I and the statement of H, which arranged an underwriting contract between the victim and the defendant from the court below as a witness in the summary of the grounds for appeal, the court below found the defendant not guilty of the facts charged in the case of this case, even though the defendant sufficiently recognizes the facts that he did not issue a personal seal impression certificate to the victim with the intent of acquiring through deception. The court below erred by misapprehending the facts or by misapprehending

2. Determination

A. On May 10, 2012, the summary of the facts charged in the instant case is that “The Defendant would immediately transfer the corporate acquisition price of KRW 120,000,000 to the name of the non-comprehensive logistics corporation at the office of “G” H located in Nam-gu, Nam-gu, Chungcheongnam-gu, Seoul, to the victim I, and that it would immediately transfer the corporate acquisition price of KRW 120,000,000 to the account of the J bank (K) in the name of the victim around May 16, 2012; and

5. 17. M. 20,000,000 won to the Agricultural Cooperative Account in the name of L.C., the same year.

6.5. Each remittance was received at KRW 60 million from the Agricultural Cooperative’s account in the name of the said L.C.

At that time, the defendant did not transfer the corporation by delaying the registration of transfer, such as personal seal certificates, even if he received the amount of acquisition by transfer from the injured person in advance.

Ultimately, the Defendant was transferred the sum of KRW 120 million by deceiving the victim.

B. The lower court’s judgment, based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, proven the facts charged without any reasonable doubt:

On the ground that it is difficult to view the instant facts charged, the lower court acquitted the Defendant.

1) The premise of the public prosecution room is that “the defendant entered into a contract with the purpose of acquiring only the acquisition price without the intention of transferring the corporation and did not issue the personal seal impression certificate among the documents necessary for the transfer to achieve the purpose.”

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