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(영문) 대구지방법원 2017.06.14 2016노5616
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is that the Defendant, while accepting the business rights of the F main office (hereinafter “instant main office”), received a loan from G and paid the down payment in the name of the business owner of the said main office to G, and did not notify the victim D of the fact that the Defendant failed to pay the down payment in the monthly rent for two months, which is the minimum condition for maintaining the contract with G, even though he did not notify the fact that he did not notify the victim D of the fact that the business of the instant main office is well-grounded. As such, the Defendant would make an investment of KRW 35 million, by dividing the profits.

Degnating the victim with 35 million won.

According to the evidence submitted by the prosecutor, even if all of the facts charged are recognized, the lower court erred by misapprehending the fact that the Defendant was acquitted or by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment.

2. Determination

A. On June 16, 2014, the summary of the facts charged in this case, the Defendant agreed to acquire from G the F main points of F in Daegu Suwon-gu E a total of KRW 50 million, and KRW 150 million,000,000,000,000 for the premium of KRW 150,000,000,000,000,000 for the premium, and paid the remainder on June 16, 2015, and paid KRW 1,00,000 per month to G for the payment of KRW 1,00,000,000 per month, and received the main points of this case.

On September 2014, 2014, the Defendant: “In this case, the Defendant provided and received KRW 30 million from the president of G with the payment of KRW 30 million within the instant main points; and the remainder is expected to be paid after one year.

As the current business has been well operated, N. N. 35 million won is invested, it will share 50% of shares and share profits by operating it jointly.

“A false statement was made as if the main points of this case were normally operated.”

However, in fact, the Defendant did not pay monthly rent 2 months from the time of the acquisition of the main points of this case, and did not pay monthly rent 2 months from the time of its operation.

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