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(영문) 대전지방법원 2017.07.11 2017노654
사기
Text

The judgment below

The guilty part (including the part not guilty, but excluding the part of the compensation order) shall be reversed.

Each of the Defendants.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s misunderstanding of facts) Defendant 1 did not have the intent to commit deception or fraud, as it did not pay the purchase price to Q with the victim’s consent to the fraud related to the Bobafriger vehicle related to the victim F. The payment was made in lieu Q, and due to the aggravation of management.

B) The amount of money paid by the victims of fraud against the victim S, U, and V was a simple investment amount, not a purchase price for cargo vehicles for business purposes.

Since the principal and profit could not be paid due to the aggravation of business management while the victims have been continuously paid earnings, there was no intention to commit fraud or fraud.

C) The amount of money paid by the victims of fraud against W, Y (guilty part), Z, and AB was a simple investment, not a purchase price for commercial cargo vehicles.

The victims have made an investment with the knowledge of the status of the O as X vice head or staff, and they have remitted monthly dividends to them, and there was no intention to commit deception or fraud as they offset the investment funds against the acquisition price of business rights by the Gyeonggi branch.

D) G was unable to return the down payment to G because G was unable to receive the down payment from AS which entered into a license plate sales contract due to requesting G to suspend the purchase of a license plate by requesting G to purchase a license plate.

Therefore, there was no intention to commit fraud or fraud.

2) The punishment sentenced by the lower court to the Defendants (three years of imprisonment) is too unreasonable.

B. Of misunderstanding the facts as to F’s fraud, the Defendants’ part as to the J number plates, K number plates and Masc vehicles, Rab towers, M number plates and Masc-II vehicles, and 100 million won of the loan amount (non-indicted 1) are terminated without the victim’s consent, using the victim’s seal impression certificate, and the Defendant’s debt repayment of the company’s debt.

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