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Reasons
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(영문) 대구지방법원 2017.11.03 2017노1588
사기
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Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A-misunderstanding of facts or misunderstanding of legal principles is an officially approved intermediary who is in charge of providing H’s educational programs to Korea and China, and actually performed his duties with the intent or ability to promote the establishment of the international school of this case, and there was no criminal intent by fraud since he received money from the injured party in the process. Although there was no fact that he received all of KRW 82,234,90 as the money obtained by fraud as stated in the facts charged of this case, the lower court erred by misapprehending the legal principles or by misapprehending the legal principles, thereby affecting

B. Prosecutor 1) 1 - The sentence sentenced by the lower court (one hundred months of imprisonment) against Defendant A is too unhued and unfair.

2) Defendant B: (a) - In full view of the fact-finding that: (b) - Defendant A introduced the victim to Defendant A; (c) Defendant A sent discussions on all matters related to the establishment of an international school to the victim via Defendant A; (d) Defendant A received money by directly explaining the establishment of the international school; and (e) Defendant A received money from the victim in addition to simple funding; and (c) Defendant A received money from the victim in exchange for the said money and remitted money to Defendant A; and (d) Defendant appears to have taken part of the money received from the victim with Defendant A, the Defendant could not establish an international school; and (e) Defendant acquired money by deceiving the victim in collusion with Defendant A.

In addition, even though the sole crime part of the defendant's crime is also deemed to be the crime of deception through the above deception, the court below found the defendant not guilty of the crime, which affected the conclusion of the judgment.

2. Determination

A. Defendant A1) misunderstanding the Defendant’s facts.

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