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(영문) 서울고등법원 2015.03.06 2014노3007
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

1,750,000 won shall be additionally collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, other than the Internet broadcasting business, committed fraud against the victim Q, started the N Distribution Center’s business by the recommendation of O, the victim Q. In the process, Defendant 1 sought a bbbbbbbbbing bill and received a discount on the bill.

When the Defendant gains profits from the above project, the bill was scheduled to be recovered, but no infrastructure, such as optical cables, was installed, which eventually led to failure in five months.

Therefore, the defendant is not guilty of money by deceiving the victim Q Q.

B) Fraud with the victim U.S. ① KRW 71,566,395, the Defendant is the victim U.S. 2,585 square meters and BT 2,737 square meters (hereinafter “AR answer”).

(2) The victim U.S., as a specialized real estate business entity, was well aware of the land price of the land on the Y, AS, and AT three parcels, and acquired ownership, established a right to collateral security, and assumed the obligation of the defendant at his own decision. Therefore, the defendant was not deceiving the victim, but did not have the intention of defraudation. ③ The victim U.S. 200 million won was acquired at the request of the defendant by wrapping the land on the AU and IV forest located in Chungcheongnam-do, and then was established a right to collateral security in the above forest so that the defendant can use 100 million won. At that time, the victim U.S. did not establish the said right to collateral security in the above forest and land and did not commit the crime of deception, but did not commit the crime of deception by the defendant.

B. The Prosecutor’s sentence pronounced by the lower court against the Defendant.

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